Comparison of civil law system and common law system

1, civil law system, also known as the civil law system is to the ancient Roman law, especially in the early 19th century, the French Civil Code for the tradition of the emergence and development of the law of the general term. Due to the influence of the legal system is mainly in the European continental countries, especially in France and Germany, so also known as the civil law system, Roman-Germanic law system; the main form of legal expression for the code, also known as the code law system. (1) belongs to this system of law, in addition to the continental European countries, there were France, Germany, Portugal, the Netherlands and other countries such as colonies and for other reasons affected by the country. For example, in Africa, there are Ethiopia, South Africa, Zimbabwe, etc.; in Asia, there are Japan, Thailand, Turkey, etc.; (2) In addition, it also includes some areas within certain common law countries, such as the province of Quebec in Canada, the United States of America, Louisiana, Scotland in the United Kingdom and so on. 2, the common law system, also known as the common law legal system. Common law system refers to the British medieval law, especially the common law as the basis and tradition of the emergence and development of the law of the general term. Because of the main source of English common law, also known as the common law law system, the English law system; case law as the main form of expression of the law, also known as the case law system; because in the modern era is composed of two major branches of English law and American law, also known as the common law system. The scope of this system of law, in addition to the United Kingdom (outside of Scotland), mainly for the British colonies, vassal states of many countries and regions, such as the United States, Canada, India, Singapore, Australia, New Zealand, and individual countries and regions in Africa, etc. 3, the civil law legal system and the common law system have a lot of * * * the same, for example, in the economic base, class nature is the same, both attach importance to the rule of law, etc. 4, The difference between the two: (1) in the legal way of thinking civil law system belongs to deductive thinking, the common law system belongs to inductive thinking, focusing on analogical reasoning (2) in the source of the law in the civil law system in the law of the formal sources of law is only the enactment of the law, the common law system of the enactment of the law, the case law is the formal source of the law. (3) In the classification of law, civil law countries generally take the division of public law and private law as the basis of legal classification, while the common law system takes common law and equity as the basic classification of law. (4) In terms of litigation procedures, the civil law system is close to the ecclesiastical law procedures, which are inquisitorial, while the common law system adopts the adversarial system of litigation procedures. (5) In terms of codification, the main stages of development of the civil law system are represented by codes of law, especially since the modern times, large-scale codification activities have been carried out. The common law system had a relatively large-scale legislative activity during the Tudor period, and the number of enactments has been increasing in modern times, but on the whole, it does not tend to carry out systematic codification. (6) In addition, there are many differences between the two legal systems in terms of the court system, legal concepts, legal application techniques and legal concepts.