The Normative Reproduction Mechanism in the Practice of Judicial Precedent in Contemporary China
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In the judicial practice of China, the phenomenon of spontaneous and institutionalized use of judicial precedent has become more and more widespread, which has led to the gradual transformation of the legal normative reproduction mechanism based on the statute system. Faced with the shortage of legal normative sources and the low degree of matching with reality, judges, lawyers and other subjects use the judicial precedent to activate the intellectual endowment of the judicial precedent, and the intellectual information of the judicial precedent can flow smoothly. Relying on the judicial system, the high-quality referee rules in the judicial precedent possess the attributes of individual judicial norms. In the end, those referral rules with the highest level of Abstraction and most importance will be subject to substantive examination and procedural recognition by the legislature, and obtain the qualifications of normative sources. The process is essentially the legalization of judicial experience and the rational faculty. At the same time, as the reproduction becomes normative, it also realizes the reproduction of judicial authority.
Use of judicial precedent; Case guidance system; Normative reproduction; Judicial authority reproduction