The case law, characterized by reality and flexibility, can make up for the defects in application and interpretation of the statute law, for it has originated from judicial decisions of judges.
The disputes between case law and statute law is of long-standing.
Due to various reasons, China has long been superstitious in statute law, vague understanding of its limitations and the need to overcome, and even taboo medical treatment.
However, as a method of legal creation and interpretation, the case law is not antagonistic to the statute law.
Abstract: : China is a country with statute laws, and the judges hearing the case follow the principle of "take facts as the basis and the laws as the criterion".
There is no doubt that legal system in our country is the statute law system of the civil law system; therefore, the starting point of litigation is only on the basis of current laws and regulations.
The constitution of the statute law has only offered the institutional likelihood for ruling by law.
The system of disregard of corporate personality was established in the newly revised "law of the People's Republic" (2007) in Article 20 of Company law in the form of statute law.
On the jurisprudence perspective, the judicial practice could not simultaneously should not obey the logic of the statute law, or official law all the time.