Traditional Culture Encyclopedia - Traditional stories - What legal system does China belong to, and what is the difference between it and continental legal system and Anglo-American legal system?
What legal system does China belong to, and what is the difference between it and continental legal system and Anglo-American legal system?
First, the legal sources are different.
The civil law system has a tradition of written law, and written law is its main legal source. It was developed under the direct influence of Roman law. The civil law system not only inherits the written law tradition of Roman law, but also adopts the system, concepts and terms of Roman law.
Anglo-American legal system has a tradition of precedent, and case law is its formal legal source, that is, the precedent of a higher court is binding on a lower court when trying similar cases.
Second, the compilation is different.
Some basic laws of continental law system generally adopt the form of systematic code, which codifies important departmental laws, supplemented by separate laws and regulations, forming a relatively complete legal system.
However, the statute law of common law system is generally a single law and regulation. Although the contemporary Anglo-American legal system draws lessons from the written law tradition of the continental legal system, it mostly collects and modifies its precedents.
Third, the law is applied differently.
In civil law countries, the role of judges is to find the applicable legal provisions from the existing legal provisions, link them with facts and infer the inevitable results.
After ascertaining the facts, the judges of the common law system first consider the precedents of similar cases in the past, compare this case with the precedents, and find out the legal rules or principles of this case. This method of applying precedent is also called "difference technology".
Baidu Encyclopedia-Anglo-American Legal System
Baidu Encyclopedia-Continental Law System
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