Chinese legal scholars weigh the benefits of a system based on civil law versus case law. From Caijing:
China’s legal system is primarily based on a system of civil law, which emphasizes the authority of written laws that the judiciary is commissioned to enforce. Some advocates of gradual reform say the system could be adjusted through legislation or via judicial interpretations.
Many academics, however, oppose such solutions as too slow. They say new legislation and interpretations would take a long time to affect change, adding that legal change in fits and starts could create instability in the justice system.
A more viable option, according to many experts, would be to close the gaps by following examples in the British and American legal systems, which are built on case law. Under a case law system, precedent decisions from previous court cases are used as the foundation for other rulings.
