术语“判例”的详细信息

英译术语:

judicial precedent

汉语语境:

我国当前并无明确的判例制度，但实际上存在着"近似判例制度"，如案件请示批复制度是有实无名的判例制度，案例选编公告制度是心照不宣的判例制度，案例指导制度是欲言又止的判例制度，这些制度有诸多不足。随着社会的发展和司法实践的需要，我国应当建立判例制度。建立判例制度有利于维护法律的稳定性，树立法律的权威；有利于矫正我国的近似判例制度，树立司法的权威；有利于提高我国个案审判和判决书的质量，树立法官的威望。

英语语境:

At present, there is no definite judicial precedent system in China. However, in fact, the "approximate precedent system" do exist, such as, the application and instruction system that exists in practice without exact name, selected case announcement system that is the understood one, and case guidance system that freezes its words on its lips. Therefore, all these systems are far from perfect. With the development of society and the need of judicial practice, judicial precedent system should be made in China, which will make a difference in the construction process of law. Moreover, it is helpful for maintaining the stability of law, establishing the authority of law and judicature, improving the quality of the judicial decision and verdict, as well as establishing the prestige of the judge.