先例

xiānlì: 先例 - Precedent, Prior Example

Quick Summary

  • Keywords: xianli, 先例, what does xianli mean, precedent in Chinese, Chinese law, setting a precedent Chinese, breaking precedent, xian li meaning, 先例 definition, Chinese word for precedent, legal terms in Chinese
  • Summary: 先例 (xiānlì) is the formal Chinese word for “precedent,” referring to an earlier action or decision that serves as a guide or justification for future ones. Crucial in legal, political, and business contexts, understanding 先例 helps learners grasp how past events are used to shape future actions in Chinese society. Whether it's about setting a new precedent (开先例) or following an established one, this term is key to understanding formal decision-making in China.

Core Meaning

  • Pinyin (with tone marks): xiān lì
  • Part of Speech: Noun
  • HSK Level: HSK 6
  • Concise Definition: An earlier event, action, or decision that is regarded as an example or guide for subsequent similar circumstances.
  • In a Nutshell: Think of 先例 as the “first example” that sets the rules for everything that comes after. It's a serious and formal concept. When a court, a company, or even a parent does something for the first time, they are creating a 先例. People will look back at this “first case” to decide how to act in the future. This can be a good thing (a positive model to follow) or a bad thing (a mistake one doesn't want to repeat or allow).

Character Breakdown

  • 先 (xiān): This character means “first,” “before,” “earlier,” or “in advance.” Pictorially, it can be seen as a person (儿) walking forward (止), signifying being ahead or coming first.
  • 例 (lì): This character means “example,” “case,” or “rule.” It's the same character found in a more common word for example, `例子 (lìzi)`.
  • The characters combine literally and logically: 先 (first) + 例 (example/case) = a “first example” or “precedent.” It is the case that came before all others of its kind.

Cultural Context and Significance

  • In Chinese culture, which places a high value on history and established order, the concept of a 先例 is extremely important. While China's legal system is primarily based on civil law (written statutes) rather than common law (judge-made precedents), the informal power of a 先例 in social, political, and business spheres cannot be overstated.
  • Comparison to Western “Precedent”: In Western common law systems (like the US or UK), “precedent” (stare decisis) is a formal, binding doctrine that courts are required to follow. In China, a 先例 is often less of a legally binding rule and more of a powerful guiding principle or social expectation. A decision made by a person in authority (a leader, a manager, a senior family member) creates a strong expectation that the same decision will be made in the future.
  • Related Values: The fear of “setting a bad precedent” (开一个坏的先例) is a common motivation in Chinese decision-making. This reflects a desire for stability, predictability, and harmony. Breaking from the past or creating a new, unproven path is seen as a significant act that requires careful consideration. It connects to the cultural value of learning from history and respecting the actions of those who came before.

Practical Usage in Modern China

  • Formality: 先例 is a formal word. You will hear it in news reports, legal discussions, and business meetings, but rarely in casual conversation with friends.
  • Legal and Political Context: This is the most common arena for 先例. It's used to discuss court rulings that may influence future cases (though not strictly binding), new government policies that break with the past, or actions in international diplomacy.
    • Phrase: `为…开了先例` (wèi… kāi le xiānlì) - To set a precedent for…
  • Business Context: When a company makes a major decision for the first time—for instance, offering a four-day work week or a new type of employee bonus—it is said to be `开先例` (setting a precedent). Managers are often cautious about this, as employees will expect the same treatment in the future.
  • Personal Context: While less common, it can be used in serious family matters. For example, if parents buy the eldest child a car upon graduation, they are setting a 先例 for the younger siblings, who will likely expect the same.

Example Sentences

  • Example 1:
    • 这家公司的决定为整个行业开了先例。
    • Pinyin: Zhè jiā gōngsī de juédìng wèi zhěnggè hángyè kāi le xiānlì.
    • English: This company's decision set a precedent for the entire industry.
    • Analysis: A classic example of `开先例` (kāi xiānlì), meaning to set a precedent. This is a neutral statement about a pioneering action.
  • Example 2:
    • 法院的这个判决没有先例可循。
    • Pinyin: Fǎyuàn de zhège pànjué méiyǒu xiānlì kě xún.
    • English: There is no precedent for the court to follow in this verdict.
    • Analysis: `…可循` (kě xún) means “…to follow.” This sentence highlights a situation that is novel or unprecedented, requiring a new judgment.
  • Example 3:
    • 我们不能开这个先例，否则以后每个人都会这么要求。
    • Pinyin: Wǒmen bùnéng kāi zhège xiānlì, fǒuzé yǐhòu měi ge rén dōu huì zhème yāoqiú.
    • English: We can't set this precedent, otherwise everyone will make the same request in the future.
    • Analysis: This shows the common concern of setting a “bad” or undesirable precedent. The focus is on the future negative consequences.
  • Example 4:
    • 历史上，这种规模的改革是史无前例的。
    • Pinyin: Lìshǐ shàng, zhè zhǒng guīmó de gǎigé shì shǐwúqiánlì de.
    • English: In history, a reform of this scale is unprecedented.
    • Analysis: This uses the very common chengyu (idiom) `史无前例` (shǐwúqiánlì), which literally means “in history, there is no prior example.”
  • Example 5:
    • 公司决定打破先例，允许员工远程工作。
    • Pinyin: Gōngsī juédìng dǎpò xiānlì, yǔnxǔ yuángōng yuǎnchéng gōngzuò.
    • English: The company decided to break precedent and allow employees to work remotely.
    • Analysis: `打破先例` (dǎpò xiānlì) is the opposite of setting one; it means to intentionally go against an established practice.
  • Example 6:
    • 按照先例，新员工需要完成一个月的培训。
    • Pinyin: Ànzhào xiānlì, xīn yuángōng xūyào wánchéng yī ge yuè de péixùn.
    • English: According to precedent, new employees need to complete one month of training.
    • Analysis: `按照先例` (ànzhào xiānlì) means “in accordance with precedent” or “following precedent.” It describes acting based on established norms.
  • Example 7:
    • 这项国际协议为解决类似争端提供了重要的先例。
    • Pinyin: Zhè xiàng guójì xiéyì wèi jiějué lèisì zhēngduān tígōng le zhòngyào de xiānlì.
    • English: This international agreement provides an important precedent for resolving similar disputes.
    • Analysis: This shows how a precedent can serve as a positive model or framework for the future.
  • Example 8:
    • 如果我们这次让步，就会立下一个危险的先例。
    • Pinyin: Rúguǒ wǒmen zhè cì ràngbù, jiù huì lì xià yī ge wēixiǎn de xiānlì.
    • English: If we give in this time, it will establish a dangerous precedent.
    • Analysis: `立下…先例` (lì xià… xiānlì) is another way to say “establish a precedent,” often used with adjectives like “dangerous” (危险的) or “good” (好的).
  • Example 9:
    • 他的慷慨捐赠成为后来者的先例。
    • Pinyin: Tā de kāngkǎi juānzèng chéngwéi hòuláizhě de xiānlì.
    • English: His generous donation became a precedent for those who came after.
    • Analysis: Here, 先例 is used in a positive light, almost like a `榜样` (bǎngyàng) or role model, inspiring future actions.
  • Example 10:
    • 在处理这个问题上，我们没有任何先例可以参考。
    • Pinyin: Zài chǔlǐ zhège wèntí shàng, wǒmen méiyǒu rènhé xiānlì kěyǐ cānkǎo.
    • English: In handling this issue, we do not have any precedent to refer to.
    • Analysis: `…可以参考` (kěyǐ cānkǎo) means “…can refer to/consult.” This emphasizes being in uncharted territory, similar to Example 2.

Nuances and Common Mistakes

  • “Precedent” vs. “Example”: This is the most common pitfall for English speakers. Do not use 先例 when you mean a simple “example,” like one in a textbook or an example to illustrate a point. For that, you must use the word `例子 (lìzi)`. 先例 is weighty and refers to a foundational case that sets a pattern.
    • Incorrect: 老师，为了明白这个语法，请给我一个先例。 (Lǎoshī, wèile míngbai zhège yǔfǎ, qǐng gěi wǒ yī ge xiānlì.)
    • Correct: 老师，为了明白这个语法，请给我一个例子。 (Lǎoshī, wèile míngbai zhège yǔfǎ, qǐng gěi wǒ yī ge lìzi.) → “Teacher, to understand this grammar point, please give me an example.”
  • Legal Binding: Remember that a Chinese 先例, even in a legal context, does not carry the same automatic, binding force as a “precedent” in a common law country. It is better understood as a “guiding case” or a “strong reference point” rather than an unbreakable rule.

Related Terms and Concepts

  • 例子 (lìzi) - The common, everyday word for “example.” It lacks the formality and pattern-setting implication of 先例.
  • 案例 (ànlì) - A “case” or “case study.” Often used in legal, medical, or business fields to refer to a specific, documented instance. A 先例 is the first 案例 of its kind.
  • 榜样 (bǎngyàng) - A positive role model. While a positive 先例 can function like a 榜样, 榜样 usually refers to a person's behavior to be emulated.
  • 惯例 (guànlì) - Convention, custom, usual practice. This is what develops after a 先例 has been followed for a long time.
  • 史无前例 (shǐ wú qián lì) - An idiom meaning “unprecedented in history.” The most direct and powerful way to say something has never happened before.
  • 前车之鉴 (qián chē zhī jiàn) - Literally “a lesson from the overturned cart in front.” It refers to a negative precedent, a past failure that should serve as a warning to others.
  • 常规 (chángguī) - Convention, routine, the normal way of doing things. The opposite of breaking a precedent.