A History of China's Case Precedent System

Name: A History of China's Case Precedent System
ISBN: 9787521643909

汪世荣 / 王斌通China Legal Publishing House · ChinaOct 2025

3.7

Word count: 223K words
Chapters: 42
ISBN: 9787521643909

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Summary

The Chinese case system is an important component of the Chinese legal tradition and Chinese rule-of-law civilization. It is profound, rich in content, and distinctive. Through thousands of years of transformation, evolution, and development, it contains many rational elements that manifest the brilliance of the rule of law. Cases embody the development and progress of the legal system, reflect the state and level of the judiciary, are a microcosm of the legal system in a particular period, and constitute an important part of the national legal system. The ancient Chinese case system underwent a process of emergence, growth, and maturity, promoting the development and progress of rule-of-law civilization.

This book provides a detailed introduction to the case practices and characteristics of various stages in China from the Qin and Han dynasties to modern times. It aims to teach students well about China's excellent traditional legal culture, encourage more students to understand and become familiar with Chinese rule-of-law civilization, and build confidence in Chinese rule-of-law culture; at the same time, it provides reference for legal educators, researchers, and enthusiasts.

Editor's review

This book pulls "cases" from a departmental law topic back into the long-term context of the Chinese legal tradition, tracing from the Qin and Han dynasties all the way to modern times, presenting the emergence, growth, and maturity of the case system and its interaction with the national legal system. The author does not stop at conceptual analysis but combines the case practices and characteristics of each stage to explain how cases reflected the legal system and judicial level of a particular period, thereby revealing the rational elements in Chinese rule-of-law civilization that can be borrowed today. For law students, it helps fill in the knowledge background of traditional legal culture; for teaching and research personnel, it provides clues and entry points for discussion organized by era. When reading, it is recommended to distinguish "cases" from "case law" and enter the text with an institutional history rather than a comparative law presupposition. The book teaches students well about China's excellent traditional legal culture, balancing readability and reference value, suitable as extended course reading or foundational material for thematic seminars.

Who it's for

A good fit for

Law students who need to understand the historical context of the Chinese case system
Researchers and teaching personnel in legal history and judicial systems
Advanced readers interested in the Chinese legal tradition and traditional legal culture
Judges, prosecutors, and other practitioners who want to understand the function of cases from history

Not a good fit for

Beginners without legal background who only want popular historical stories
Practitioners expecting an operational guide to case law in the comparative law sense
Researchers needing deep chronological monographs rather than a general historical survey

Reading tips

Read the introduction or preface first to clarify the scope of what "cases" refers to in each era, then move to specific chapters to avoid conceptual confusion.
Make a simple table along the timeline of Qin-Han, Tang-Song, Ming-Qing, and modern times, recording the characteristics and institutional position of case practices at each stage.
After each stage, review the overall background of the legal system and judiciary of that period, and understand cases within the institutional environment.
Read alongside a textbook on Chinese legal history; when encountering unfamiliar institutions, check the textbook first, then return to this book for case clues.

About the publisher

China Legal Publishing House China · Founded in 1989

China Legal Publishing House is a legal publisher overseen and sponsored by the Ministry of Justice, with the publication of standard texts of national laws and regulations as an important focus; its catalogue already contains 2,972 titles. Its publications cover fields such as criminal law, civil law, contract law, company law, real estate law and the security system, including article-by-article commentaries such as the Interpretation of the Contract Part of the Civil Code of the People's Republic of China, adjudication rules and case compilations oriented toward judicial practice such as Understanding and Applying Adjudication Rules in Contract Disputes and A Compendium of Court Views on Real Estate Cases, as well as legal classics such as On Crimes and Punishments and academic works such as The Theory of Procedural Sanctions. In terms of author resources, the publisher brings together classic legal authors such as Cesare Beccaria, scholars and practitioners such as Liu Junhai, Long Weiqiu and Zhu Shuying, and cooperates with institutions including the National Judges College and the Judicial Case Research Institute of the Supreme People's Court. Its publishing character lies in linking legal texts, scholarly interpretation and judicial application, balancing authoritative norms with practical guidance.

版权信息
《中国判例制度史》编写组
序言
前言
绪论
一、判例的历史传统
二、援引判例说理
三、判例的价值取向
四、判例文化传统的价值
第一章秦汉判例
一、秦汉判例概况
二、秦汉判例的实践
三、秦汉判例的特点
第二章魏晋南北朝判例
一、魏晋南北朝判例概况
二、魏晋南北朝判例的实践
三、魏晋南北朝判例的特点
第三章隋唐判例
一、隋唐判例概况
二、隋唐判例的实践
三、隋唐判例的特点
第四章两宋判例
一、两宋判例概况
二、两宋判例的实践
三、两宋判例的特点
第五章元代判例
一、元代判例概况
二、元代判例的实践
三、元代判例的特点
第六章明代判例
一、明代判例概况
二、明代判例的实践
三、明代判例的特点
第七章清代判例
一、清代判例概况
二、清代判例的实践
三、清代判例的特点
第八章近代判例
一、近代判例概况
二、晚清及民国判例的实践
三、革命根据地判例的实践
四、近代判例的特点

FAQ

Is this book suitable for law undergraduates?

Yes. This book teaches students well about China's excellent traditional legal culture, organizing case practices and characteristics by era, helping undergraduates build a framework of institutional history. Reading will be smoother if you already have a foundation in Chinese legal history; without a foundation, you can first supplement relevant textbook chapters before reading.

Does "cases" in the book equal case law in the common law system?

Not equivalent. This book discusses the practice and evolution of the case system in Chinese history; the position and function of cases in the national legal system differ from common law case law. When reading, return to the legal context of each era and avoid directly applying comparative law concepts.

Do I need to read from beginning to end in order?

It is recommended to at least read the overall context section first, then select chronological chapters according to interest or course progress. For research, you can extract and intensively read relevant chapters by era; for course study, reading in chronological order makes it easier to grasp institutional evolution.

What reference value does it have for legal practitioners?

This book examines how cases reflect judicial conditions and legal levels, helping practitioners understand the function and boundaries of cases from a historical dimension. It is not an operation manual, but it can provide traditional legal references for thinking about issues such as guiding cases and unified adjudication.

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About the author

汪世荣 Author

Wang Shirong is an author in the field of law; publicly available information is limited, and no confirmed details about his life, nationality, or positions can be verified. Judging from the two works included in the database, A History of the Chinese Case Precedent System and A Study of the "Futian Model" of People's Mediation, his writing draws on both the historical and contemporary dimensions of China's legal system. The former traces the development of the case precedent system in China and is a specialized study in legal history, while the latter focuses on a practical case of grassroots people's mediation and has the character of empirical investigation and experience summary. One subject is ancient and the other modern, yet both center on judicial and dispute-resolution mechanisms, showing the author's dual concern with institutional evolution and grassroots governance. His writing is grounded in institutions and cases, emphasizing the organization of materials and practical analysis in a plain style. Because verifiable information is limited, his academic background, the full scope of his research, and the specific influence of his works await further information.

王斌通 Author · Chinese

Wang Bintong is a Chinese author about whom limited public information is available. What can be confirmed is that his works focus on law and social culture, with two titles held in the collection. Among them, A History of the Chinese Case Law System traces the evolution of China's case system from a historical perspective and falls within the field of legal history. "The Fengqiao Experience" and the Fine Traditions of People's Justice is part of the Research Series on Grassroots Infrastructure Construction in Chinese National Governance and discusses grassroots social governance and the traditions of people's justice. One work looks back at the origins of institutions, while the other addresses contemporary grassroots governance practice, showing the author's sustained interest in legal institutional history and judicial traditions. His writing follows the threads of institutions and history and engages with legal and socio-cultural issues, offering useful reference for readers interested in these fields. Because biographical information is unavailable, this note is limited to a brief account of his works' themes.