Basic characteristics of modern western legal system

The basic characteristics of modern western legal system;

1. At the level of state power structure, we should adhere to the checks and balances of power and the separation of powers.

2. In the legal content, pay attention to the protection of individual rights.

3. In judicial practice, adhere to procedural justice and presumption of innocence.

4. In essence, it serves the interests of the bourgeoisie.

The legislative procedure of common law is as follows:

The Royal Court regularly appoints judges to hear cases all over the country. They judge cases mainly on the basis of local customary law and local customs. As long as these customary laws do not conflict with the king's legislation, they are used as the basis for trying cases.

The judges gathered in the Supreme Court at that time to hold a summary meeting after completing a circle of judgments, and each took out his own case for discussion. The universally recognized precedent will be determined as the law. Travel all over the country.

Modern western rule of law emphasizes the supremacy of individual rights, and holds that the public power of the government is that individuals transfer their rights to the government through social contracts.

The western legal system is divided into two schools: Anglo-American legal system (common law system) and continental legal system (continental legal system). Their main difference is different legislative forms. English law is the origin of Anglo-American legal system, which is characterized by "following precedent", so it is also called case law. English law is divided into two categories: common law and equity. How these laws and regulations are formulated is quite interesting.