Difference between civil law legal system and common law legal system

I, economic law and civil law, the relationship between commercial law

(a) civil law, commercial law definition

1, the traditional civil law as a private law of common law, to freedom and order harmony as its main value objectives, to provide civil subjects engaged in civil law related to the civil legal act should follow the right to personal rights, the right to property and other basic civil systems. Modern civil law shows marginalization, socialization trend, itself made local amendments, but its essential attributes have not been fundamentally shaken, thus showing a certain contradiction. Today's civil law, the applicability of the ever-changing economic development, the explanatory power has declined.

2, commercial law as a special law of private law, is the product of the development of commodity economy, in order to promote the development of commodity economy, efficiency as its main value goal, the provisions of commodity transactions in the commercial subject engaged in commercial behavior should be followed by the company, partnership, notes, insurance, bankruptcy and other systems. The content of modern commercial law has expanded dramatically, gradually incorporating a great deal of state control, and its boundaries are gradually blurred.

The relationship between civil law and commercial law in civil law system countries exists the difference between civil and commercial unity and civil and commercial separation. Civil law, commercial law in the form of expression, whether the civil and commercial unity or civil and commercial separation, involves a technical problem of legislation, it does not affect the civil and commercial law and economic law of the essential difference.

(B) the difference between economic law and civil and commercial law

1, the background of the roots and characteristics of different

Modern civil law is in line with the civil society of civil law countries, the individual interests of the freedom of civil society and the order of the need for harmony and the emergence of the civil law. Has a certain system of transcendence and neutrality, and thus the civil law of civil law in civil law countries have a certain degree of mutual reference to the various rules and systems. However, due to the civil law system of countries with different social and economic basis, the civil law of countries also have considerable national and regional.

Commercial law is adapted to the needs of the development of commodity economy. It aims to improve the efficiency of commodity transactions, safeguard the security of commodity transactions, and promote the development of commodity economy. A large part of the impetus for the development of commercial law stems from the need for the establishment of international and regional uniform trade rules, and thus has a strong international and universal character.

Economic law is adapted to the development of the market economy to the needs of the monopoly period. Its aim is to eliminate market harms, repair market defects, maintain fair competition in the market economy, and support the economically weak. The impetus for the development of economic law came partly from international pressure, but mainly from the urgent local demand.

2, in the development of the national economy in their respective roles

Civil and commercial law on the commodity economy, market economy, the emergence of the development of the micro-regulation of the foundation and promotion.

Economic law on the market economy (the socialization of the commodity economy) of the development and improvement of the macro-regulatory role of maintenance, escort.

3, different values and basic principles

Traditional civil law is based on individual interests, freedom and order, autonomy and harmony, the sanctity of private law, private law as the value of the concept of independence of the abstract subject, identity equality, the sanctity of private rights, the absolute right, the autonomy of the meaning of the contract, the contract freedom, their own responsibility, the responsibility for fault as the basic principles. Modern civil law has made some amendments to its basic principles, adding "public order and morality" and "honesty and credit" principle, in response to the socialization of the law, but its essential attributes have not been fundamentally shaken, and therefore presents a contradiction.

Commercial law is based on the interests of businessmen's groups, and for the value of efficiency, order and equal opportunity, it is based on the principles of legalization of business entities, confirmation of the protection of profitability, promotion of simplicity and speed of transactions, maintenance of fair transactions, and protection of transaction security.

Economic law to the overall interests of society as a whole, in order to substantive justice, social-based value concepts, to the State's moderate involvement, to safeguard the interests of the social public ****, the realization of social and economic benefits as the basic principles.

In addition, economic law and civil and commercial law in the legal relationship, implementation mechanism and other aspects of a great difference.

(C) the link between economic law and civil law

civil law, commercial law, economic law is in the development of human society in different historical periods, adapted to the development of productive forces and the coordination of relations of production, in turn, the development of the time they succeeded, coexisting in space, the division of labor, complement each other, * * * with the maintenance of the healthy operation of the market economy to provide protection.

Two, the relationship between economic law and administrative law

(a) the definition of administrative law

Traditional administrative law was developed after the bourgeois revolution with jurisprudence. In essence, it is a law that restricts the abuse of government power in the operation of the national economy under the conditions of a market economy. Administrative law originated from the control of governmental power ("power control theory") to protect nationals from the damage caused by the abuse of power. The traditional administrative law, in practice, takes the balance of national interests and individual interests as the base, prevents the administrative power from expanding and overstepping the boundaries to infringe upon the private interests, and should be prevented and restricted as the value concept, and takes the administration in accordance with the law and the rational administration as the basic principle.

Some administrative law scholars advocate that the modern administrative law agrees with the expansion of the state administrative power ("empowerment theory") or "balance theory"), agrees with the administrative law field from the state administration to the public **** administration, agrees with the expansion of administrative subject and administrative relative, in order to make the administrative law and civil law and the expansion of administrative law, and to make the administrative law and civil law and the expansion of administrative law and the expansion of administrative law and administrative relative. Expansion of administrative law and civil law, in order to make the administrative law and the same trend of marginalization, socialization, the ever-changing economic development has a greater degree of applicability, in order to make the administrative law of contemporary social life has a stronger explanatory power.

Civil law countries and the common law system mainstream administrative law academia of administrative law is not the same, generally speaking, the former is wider, the latter is narrower. Different countries of the same legal system, different scholars of the same country's understanding of administrative law is also inconsistent. We believe that control is still the core and ontology of the most classic administrative law, and its purpose, philosophy, basic principles and functions have been revised, but not fundamentally changed.

According to China's general statement, administrative law is "the general term for administrative regulations that provide for all aspects of state administration" and "the general term for legal norms concerning the state administrative organization and its behavior, as well as the supervision of the administrative organization and its behavior". Our understanding and definition of administrative law in the administrative law community is on the broad side.

(ii) the difference between economic law and administrative law

The essence of the classic administrative law is in the market economy, the abuse of government power to limit the law. Modern administrative jurisprudence originated in the control of governmental power in order to protect the citizens from the damage caused by the abuse of power. According to American administrative law scholar Goodenough, "administrative law is a part of public law, which provides for the organization and authority of the administrative organs, and provides for administrative remedies for citizens when they are aggrieved by administrative acts". Both Lin Jidong and Guan Ou, scholars from Taiwan, believe that administrative law is a law that regulates the organization of administrative power and its role. Administrative law for the organization of the government personnel and administrative remedies law, the basic purpose is to administer according to law and clean and efficient.

Economic law, generated and developed under the conditions of the modern market economy, that is, not from the administrative law of the law, and even more with the administrative law in the purpose of legislation, functional role, the object of adjustment, the theoretical basis, the basic principles of the essential difference.

Legal basis:

Article 2 of the Constitution of the People's Republic of China

All power in the People's Republic of China belongs to the people. The organs through which the people exercise State power are the National People's Congress and local people's congresses at all levels. The people, in accordance with the provisions of the law and through various means and forms, manage the affairs of the State, economic and cultural affairs, and social affairs.