Law is based on a number of countries and regions, based on historical and traditional reasons in the legal practice of legal awareness with regard to the common law carried out a classification, it is the common heritage of these have in common or general law. ▲ (1) In the heyday of Rome, the Roman rulers to use force to expand its territory, forced to apply Roman law, was conquered by Roman area residents also developed and complete and voluntary use of Roman law, Roman law as the "commodity producers The first global legal community. " ▲ (2), after the Roman invasion Germanic, Germanic law is a doctrine to the principle of the Roman law can be preserved. Germans established national Codex compiled by the Roman influence. 9th century AD, with the development of the feudal system, law is a doctrine is no longer applicable, integration of Roman and Germanic law. ▲ (3) 12 century, the rise of Roman Renaissance, Roman law studies combined with society's real needs, as western European nations with additional legal authority. After transformation and development of Roman law into the European common law, have common characteristics and legal traditions, and thus laid the basis for civil law. ▲ (5) due to France and Germany as the representative of the civil law adapted to the needs of the entire capitalist society, and because it uses a strict form of easy communication statute, so the 19th century, 20th century, civil law across Europe, the transmission all over the world.
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Content
Scholars generally believe that the civil law, but also known as civil law, code law, Roman law system, Roman - Germanic law, which is based on Roman law and developed based on the law in general. It first produced in continental Europe, the latter extended to the family and the Germanic tribe Latin countries. History of the Roman civil law as the main content. France and Germany are two of the typical legal systems, in addition to the past is the law, the West, the Netherlands, Portugal and the four countries of colonial countries and regions, as well as Japan, Thailand, Turkey and other countries. Civil law in 1804, "the French Civil Code" and 1896's "German Civil Code," as represented by the formation of the two tributaries. ▲ (1) Roman law of inheritance As the saying goes "Where there is society, where there is law, where there is law, where there is society," the Roman Empire in Europe, up to ten centuries of rule, its legal culture created the earth in the continental root. Since Justinian's "law of the land Filmography", to the Italian city of Bologna "law of the land Filmography" re-discovery, to France and Germany Civil Code, the codification in the process, even after the dry-wing ups and downs, but in the European mind, Roman law has been regarded as the highest symbol of civilization, worship. To sum up, the Roman influence on European law, so nothing less than two points, 1, civilized system of established legal concept formation; 2, the statute book in the form popular. String 7 In the book, Meili Man that the oldest part of the civil law, directly from the 6th century AD during the reign of Emperor Justinian codified Roman law. He believes that the early dominance of Roman law in Europe from the prosperity of the Roman Empire. Here, he highlighted the Byzantine emperor Justinian codification of history, and pointed out that in the 19th century, Western European countries _set_ off a frenzy of codification, one of the most representative of the two codes - the French Civil Code is to Roman law its blueprint. ▲ (2) implementation of codified legal norms abstract generalization Mei Liman Professor of canon law are also incorporated into the historical origins of civil law, of course, I admit it has its own rationale, but I think that canon law can not be overstated in the law's role in the production process. Perhaps this limited to family law, inheritance law and procedural law related aspects of the comparison is fair and appropriate. Commercial law in civil law, what kind of play the role of civil commercial law, civil law or commercial law be? Appears to be a vexed issue. But, of course the mainstream of the civil law should be the development and impact of civil law. Even now, in civil law or civil law should be the main occupant. Commercial law in the process may be just a private code lubrication and full outline. ▲ (3) a clear division of legislative and judicial, emphasizing the authority of statutory law, generally does not recognize the judge's law-making function In the book, Meili Man He emphasized the impact of the revolution is not limited to public law, its origins in Roman law and common law that the basic code in the form of application methods, and (to some extent) of the Code of the content produced profound impact. Ideological revolution produced a new legal thinking, it is for the judicial organization and administration of justice, the substantive law and procedural law have had a great significance. ▲ (4) law in promoting the development of the law plays an important role Any little common sense will understand that, in civil law, the most revered is the den of the jurists. Back in Rome since the civil law there is "legal Disciplines" in the title. In civil law there is no "said the law is" judge, the judge's position is determined in reliance on the statute book. Legislators, albeit with the formulation of laws and regulations, but they always just behind the "operator", and not to the fore, their voices are often done with the laws of the disappeared. Jurists are dependent on their knowledge and institutional "tilt", and easily occupy a major position. Meili Man professors have also the same opinion, "In civil law, the legislative positivism, the principle of separation rights, codification ideology, the attitude of the legal interpretation of the law," OK, "the reliance on the inherent equitable power of judges negative as well as "follow precedent" principle of exclusion, etc. "have led to weakening of the role of judges. "Jurists are not only created the modern nation-state theory, legal positivism and the separation of right doctrine, but also created a codification of the content, form and style, made a decisive opinion on judicial functions. Jurist became so The real protagonist in the civil law, civil law jurists have become. " ▲ civil law has never been rigid, solidified, rigid thing, but in constant transformation. Here to clarify the main features of civil law, only a reflection of the beginning from the fifth century BC and continue to extend into the future of the entire development process of a stage. Roman private law across many historical periods, the classical method used to start, the classical law, Justinian's "law of the land Filmography", interpretation of the law school of commentary, humanistic thinkers, the French ... ... These are just a codification of civil law structural part of the ... ... With the end of the Reformation, the development of civil law have had a considerable impact on the canon law will disappear ... Today, independent of the Commercial Court is gradually disappearing, independent of the Commercial Code also hopeless situation. Legal activities, legal civil law countries is accelerating out of the extreme aspects of the revolutionary model. Ordinary courts interpret the law and announced the expansion of ... ... to invoke judicial precedents led to the reform to achieve ... ... Although "stare decisis" principle in the theory of business has not been acknowledged, but in practice, the court has actually adhere to similar cases in The same trial practice. Much time has been with the common law courts was similar to ... ... legislative supremacy doctrine already shaken. Court to review the legality of administrative acts, acts of the legislature unconstitutional interpretation of the rights and legal rights, but also makes the principle of strict separation of powers is being challenged ... and in terms of German law, for their discontent more and more ... ... In some countries, the modern constitutional rigidity and judicial review system combined with a strong legal tradition to compete. In Germany and Italy, the legal system is undergoing a fundamental adjustment.
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Feature
▲ 1. On the history of the law, civil law is Roman law developed under the direct influence of the civil law not only inherited the tradition of Roman law code, and adopted the Roman law system, concepts and terminology. Such as "The French Civil Code," the "ladder of law" modeled "the German Civil Code" to "Digesta" as a model. ▲ 3. The role of the judge, asking the judge to comply with civil law expressly dealing with the cases, no legislative power. Civil law countries, a clear division of legislative and judicial, emphasizing the development of the authority of law, statutory law precedence over other sources of law, all legal and will be divided into two types of public and private law, the legal system integrity, the concept clear. Judges can only strictly enforce the law, not allowed to create law, contrary to the spirit. ▲ 4. Civil law in general, two-tier court system, attention to the substantive law and procedural law distinction. Civil law is generally the ordinary courts and administrative separation of the two-track court judge appointed by the Government through the examination, the strict distinction between substantive law and procedural law, the general inquisitorial approach. ▲ 5. In the form and methods of legal reasoning, deduction taken. Because of significant restrictions on judicial power, the legal representative of the legislature only by the judge can only decide cases the use of established legal, so in civil law countries, the role of judges is from the existing legal provisions found in the applicable legal provisions will be linked with the fact, to infer the inevitable result. Branch With some European countries outside the colonial expansion of the civil law also extends to Latin America, Africa, Asia and other places. Because the origins of different civil law in general can be divided into French, German two branches, France, Belgium, the Netherlands, Italy, Spain and Latin America belong to the former; Germany, Austria, Switzerland and Japan, while the latter . The same law in all countries, with political and economic situation changes and developments, some countries with large features. For example, Japan and France after World War II greatly affected by U.S. law; Scandinavian countries have some of its inherent characteristics; the Netherlands formed a so-called Roman - Dutch legal system.
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Civil law and common law of the main differences
Currently, the world's legal systems follow basically be divided into two categories: civil law and common law. Mainland China uses the civil law. Civil law, also known as the Roman law system, civil law, code law or Roman Germanic law, is inherited tradition of Roman law, modeled on "The French Civil Code" and "German Civil Code," the style and _set_ up the legal system . European continent, France, Germany, Italy, Netherlands, Spain, Portugal and other countries and Latin America, Asia, the laws of many countries belong to the civil law. Hong Kong and the Commonwealth countries have adopted the common law, common law, also known as British law, common law or case law. Two Schools of the main differences are: ▲ First, different sources of law. Department of civil law is the statute, the statute that the statutory law to the way there, including its sources of law enacted by the legislature of normative legal documents, administrative organs and administrative regulations promulgated by various international treaties to participate in the car, but does not include judicial decisions. Common law legal origins of both statutory law, including jurisprudence, and that posed by the case law precedent in the whole legal system plays a very important position. ▲ Secondly, the legal structure is different. Civil law tradition inherited from the ancient Roman law, with the code used in the form of a standard legal department to do the diet provides a unified system, legal system code constitute the backbone of the structure. Few codes developed common law, customary law with a single class of problems in the form of a special provision to do so, the legal system is based on the structure of a single law and case law as the backbone and developed. ▲ Thirdly, the judge's authority are different. Civil law judges can only invoke the statute emphasizes the provisions of trials, the judge's interpretation of the statute is subject to the statute itself strictly limited, so the judges can only apply the law and not create law. Common law judges can either invoke the statute to invoke existing precedent to try cases, but can also be used in certain conditions, legal interpretation and legal reasoning technology to create new precedents, which the judge is not only applicable law, but also created within a certain range of laws. ▲ Fourthly, the proceedings are different. Civil law proceedings to the judge as the focus, highlighting the functions of judge, has the characteristics of inquisitorial procedure, but more by the court composed of judges and jurors to try cases. Common-law proceedings to the plaintiffs, defendants and their counsel and agents as the focus of debate between the judges is just the "arbitrator" and not participate in the debate, and that confrontational (also known as adversarial) procedures exist that the jury system, the jury is responsible for making fact findings and legal conclusions on the basic (such as guilt or innocence), the judge responsible for making concrete conclusions on the law, that decision. In addition, Two Schools in the legal classification of legal terminology, legal education, judicial officers and judicial system and other aspects of recruitment, there are many differences.
China Legal system history