What is the common law system?

Question 1: What's the difference between civil law system and common law system? Legal system refers to the basic division of law according to its external characteristics such as structure, form and historical tradition, as well as its characteristics such as legal practice, legal consciousness and legal position in social life.

There are two legal systems in capitalist countries, namely, the continental legal system and the Anglo-American legal system. Continental law system, also known as Roman law system, civil law system, code system or Roman Germanic law system, is the general name of the legal systems of various countries established by inheriting the tradition of ancient Roman law and imitating the styles of French Civil Code and German Civil Code. The laws of France, Germany, Italy, Netherlands, Spain, Portugal and many countries in Latin America and Asia belong to the civil law system. Anglo-American legal system is also called English legal system. The common law system or case law system is the general name of the legal systems of various countries developed by inheriting the legal tradition of medieval England. The legal systems of Britain, the United States, Australia, New Zealand, Hong Kong and other countries and regions belong to the common law system. In recent decades, common law countries have also formulated a large number of statutory laws as a supplement to customary law. At present, the laws of about 26 countries in the world belong to the common law system. Apart from Britain and the United States, the rest are mainly Commonwealth countries. Civil law system is also called statute law. Its most important feature is that the code is the first source of law, and the code is a systematic and comprehensive compilation of written laws of various departments. About 70 countries in the world have written laws, mainly distributed in the European continent and other countries affected by it.

The main differences between the two include the following aspects:

▲ First, the source of law is different.

The civil law system is a statutory law system, and its laws exist in the form of statutory law. The legal sources of Anglo-American legal system include various statutory laws and precedents.

▲ Second, the law applies differently.

The former is used to deductive form, while the latter is used to inductive form.

▲ Third, the status of precedents is different.

The former is not a formal origin, while the latter is a law.

▲ Fourth, the legal classification is different.

The former is divided into public law and private law, while the latter is divided into common law and equity law.

▲ Fifth, legal codification is different.

The former tends to be in the form of code, while the latter tends to be in the form of one-line method.

▲ Sixth, the proceedings are different.

The procedure of the former is centered on the judge and has the characteristics of interrogation procedure. The proceedings of the latter focus on the plaintiff, the defendant and their defenders and agents, which has the characteristics of plea bargaining and jury system.

▲ The classification of this legal system does not reveal the essence of law, but it helps to promote the understanding and exchange of legal culture. Historically, there were significant differences between the continental law system and the Anglo-American law system, but since the 20th century, this difference began to narrow.

2. China belonged to the civil law system in the old China era, but it didn't belong to any of them in the new China era. It became an independent legal system called the socialist legal system, but it was close to the civil law system. Don't forget, China still has no civil code!

3. The Soviet Union is a civil law system.

Question 2: What are the civil law system and the common law system? The word "mainland" in the civil law system refers to the European continent, so it is also called the European law system. At present, this legal system is mainly adopted by countries in continental Europe (such as France, Italy, Germany, the Netherlands, etc.). ) and other countries (such as Japan) affected by the above countries.

Civil law system, also known as civil law system, Roman-Germanic law system or statutory law system. In western legal works, it is often called the continental law system, while in China's legal works, it is often called the continental law system. It refers to the legal system established by most countries in continental Europe on the basis of Roman law from the beginning of 19 century, represented by French Civil Code 1804 and German Civil Code 1896, and other countries or regions followed this system. It is a legal system with a long history and great influence, which is juxtaposed with the Anglo-American legal system in western countries.

Anglo-American legal system refers to a legal system based on English law, especially its common law, compared with the continental legal system based on Roman law since the Middle Ages. It was first produced in continental Europe and then spread to Latin and Germanic countries. Roman law in history took civil law as its main content.

1. First, the legal system is different. The administrative law of civil law system constitutes an independent legal system. Its administrative law has a wide range of contents, including administrative organization law, administrative activity law and administrative supervision and management law, and it is self-contained. However, there is no distinction between public law and private law in common law system, and administrative law does not constitute an independent legal system. The content of its administrative law is mainly the judicial review of administrative acts by the court, with the core of controlling the abuse and ultra vires of administrative power, and the issues related to administrative organizations are generally not regarded as the content of administrative law.

Second, the applicable legal rules are different. When dealing with and solving administrative cases, civil law countries take the application of administrative law as the principle and the application of general legal rules as the supplement and exception. In common law countries, the principle is to apply general legal rules, and the rules of administrative regulations are supplements and exceptions.

Third, the judicial system is different. In the judicial system of hearing administrative cases, countries in the civil law system have a complete administrative court system that is independent of and juxtaposed with ordinary courts. In common law countries, administrative cases are tried by ordinary courts, and there is no special administrative court system. This is the information on PPT when our teacher is in class, which should be easier to accept!

Question 3: What is the common law system? As a matter of fact, many characteristics of the proceedings in the Anglo-American legal system are caused by a decisive fact, that is, the proceedings originated from the jury system. Nowadays, it is generally believed that the jury system is only used in criminal cases in Britain, and only when the defendant claims that he is "innocent" in a serious crime. In the civil law system, litigation can be divided into multiple trials at intervals. Therefore, for the unexpected opinions or evidence put forward by one party in court, the other party can have enough time to present further evidence to refute it in the next trial. However, in the common law system, it is quite different. Because it is a one-time trial, in order to prevent the same thing from happening, lawyers should not only think clearly about their own arguments and evidence, but also understand the arguments and evidence of the other side. Continental law system mainly inherits Roman law, while Anglo-American law system does not. The difference between them is enormous. For example, continental law is mainly written law, while Anglo-American law is case law. The comparison of the litigation procedures selected in this paper is only the difference in the specific judicial system between the civil law system and the common law system. It is very meaningful to study the differences between different legal systems, which can make us learn from each other's strong points and absorb the good ones from other legal systems to improve our legal system, which will have a far-reaching impact. At present, China's socialist legal system construction is in an intensive stage. It is also of practical significance to enrich and improve China's legal system based on the written law of civil law system and drawing lessons from the case law system of common law countries. In the process of socialist market economy, we will inevitably encounter all kinds of new situations and problems, which requires us to look at the world and boldly absorb and learn from the essence of foreign legal systems.

Question 4: What's the difference between common law system and civil law system?

Legal system refers to the basic division of law according to its external characteristics such as structure, form and historical tradition, as well as its characteristics such as legal practice, legal consciousness and legal position in social life.

There are two legal systems in capitalist countries, namely, the continental legal system and the Anglo-American legal system. Continental law system, also known as Roman law system, civil law system, code system or Roman Germanic law system, is the general name of the legal systems of various countries established by inheriting the tradition of ancient Roman law and imitating the styles of French Civil Code and German Civil Code. The laws of France, Germany, Italy, Netherlands, Spain, Portugal and many countries in Latin America and Asia belong to the civil law system. Anglo-American legal system is also called English legal system. The common law system or case law system is the general name of the legal systems of various countries developed by inheriting the legal tradition of medieval England. The legal systems of Britain, the United States, Australia, New Zealand, Hong Kong and other countries and regions belong to the common law system. In recent decades, common law countries have also formulated a large number of statutory laws as a supplement to customary law. At present, the laws of about 26 countries in the world belong to the common law system. Apart from Britain and the United States, the rest are mainly Commonwealth countries. Civil law system is also called statute law. Its most important feature is that the code is the first source of law, and the code is a systematic and comprehensive compilation of written laws of various departments. About 70 countries in the world have written laws, mainly distributed in the European continent and other countries affected by it.

The main differences between the two include the following aspects:

▲ First, the source of law is different.

The civil law system is a statutory law system, and its laws exist in the form of statutory law. The legal sources of Anglo-American legal system include various statutory laws and precedents.

▲ Second, the law applies differently.

The former is used to deductive form, while the latter is used to inductive form.

▲ Third, the status of precedents is different.

The former is not a formal origin, while the latter is a law.

▲ Fourth, the legal classification is different.

The former is divided into public law and private law, while the latter is divided into common law and equity law.

▲ Fifth, legal codification is different.

The former tends to be in the form of code, while the latter tends to be in the form of one-line method.

▲ Sixth, the proceedings are different.

The procedure of the former is centered on the judge and has the characteristics of interrogation procedure. The proceedings of the latter focus on the plaintiff, the defendant and their defenders and agents, which has the characteristics of plea bargaining and jury system.

▲ The classification of this legal system does not reveal the essence of law, but it helps to promote the understanding and exchange of legal culture. Historically, there were significant differences between the continental law system and the Anglo-American law system, but since the 20th century, this difference began to narrow.

2. China belonged to the civil law system in the old China era, but it didn't belong to any of them in the new China era. It became an independent legal system called the socialist legal system, but it was close to the civil law system. Don't forget, China still has no civil code!

3. The Soviet Union is a civil law system.

Question 5: Which countries are the continental law system and the Anglo-American law system respectively, and what legal system is China? China is not a strict civil law system, but it must be classified as a civil law system.

Continental law system

Civil law system, also known as civil law system, Roman law system, code law system and Roman-German law system, is the general name of laws developed on the basis of Roman law. The civil law system originated in continental Europe, with Roman law as its historical origin, civil law as its typical example and written law as its main form. The civil law system includes two branches, namely, the French law system and the German law system. The French legal system is based on the French Civil Code 1804, which emphasizes individual rights and reflects the social and economic characteristics of the period of free capitalism. Germany's legal system is established on the basis of German Civil Code 1896, which emphasizes state intervention and social interests, and is a typical law in the period of monopoly capitalism.

In addition to France and Germany, countries and regions belonging to the civil law system also include Italy, Spain and other continental European countries, Algeria, Ethiopia and other countries and regions that were once colonies of France, Spain, the Netherlands and Portugal, and some countries in Central America. Old China under the rule of * * * also belongs to this kind of legal system.

Anglo American law system

Anglo-American legal system, also known as common law system and English legal system, is the general name of laws developed on the basis of English law, especially its common law, since the Middle Ages. The Anglo-American legal system originated from the common law in the form of precedent after the Norman invasion in the 1 1 th century.

The scope of Anglo-American legal system, apart from Britain (excluding Scotland) and the United States, mainly includes countries and regions that were once British colonies and dependencies, such as India, Pakistan, Singapore, Myanmar, Canada, Australia, New Zealand and Malaysia. China and Hongkong also belong to the common law system.

Question 6: Which countries are the civil law system and the common law system? Civil law countries include France, Belgium, Italy, Spain, Portugal, Germany, Austria and Switzerland, Zaire, Rwanda, Burundi, Japan and Thailand.

The common law system includes the United States, Canada, India, Pakistan, Bangladesh, Malaysia and Singapore.

Question 7: What's the difference between civil law system and common law system? What are the main differences between civil law system and common law system?

At present, the legal systems adopted by countries all over the world can be basically divided into two categories: continental law system and common law system. Chinese mainland adopts the civil law system. Continental law system, also known as Roman law system, civil law system, code system or Roman Germanic law system, is a legal system established by inheriting the tradition of ancient Roman law and imitating the style of French Civil Code and German Civil Code. The laws of France, Germany, Italy, Netherlands, Spain, Portugal and many countries in Latin America and Asia belong to the civil law system. Hong Kong and Commonwealth countries adopt common law system, which is also called English law system, common law system or case law system. The main differences between the two legal systems are:

▲ First, the source of law is different. Continental law system is a statutory law system, and its laws exist in the form of statutory law. Its legal sources include various normative legal documents formulated by the legislature, various administrative regulations promulgated by the administrative organs and international treaties to which this vehicle is a party, but it does not include judicial precedents. The legal sources of Anglo-American legal system include both statute law and precedent, and the case law constituted by precedent occupies a very important position in the whole legal system.

▲ Second, the legal structure is different. The continental law system inherits the tradition of ancient Roman law and is used to making uniform and systematic provisions on the dietary norms of a legal department in the form of a code, which constitutes the backbone of the legal system structure. The Anglo-American legal system seldom formulates codes, and is used to making special provisions on a certain kind of problems in the form of a single law. Therefore, its legal system is mainly developed from single-line law and case law in structure.

▲ Third, judges have different powers. The civil law system emphasizes that judges can only use the provisions of the statute law to try cases, and the judge's interpretation of the statute law is also strictly limited by the statute law itself, so judges can only apply the law but not create the law. Judges in the Anglo-American legal system can refer to both written laws and existing cases, and they can also create new cases by using the skills of legal interpretation and legal reasoning under certain conditions, so that judges can not only apply the law, but also create laws within a certain range.

▲ Fourth, the proceedings are different. The procedure of civil law system is centered on the judge, which highlights the function of the judge and has the characteristics of interrogation procedure. In addition, most judges and jurors form a court to hear cases. The litigation procedure in the common law system focuses on the plaintiff, the defendant, their defenders and agents, and the judge is only the "arbitrator" of the dispute between the two parties and cannot participate in the dispute. At the same time, there is a jury system in this adversarial (also called defense) procedure. The jury is mainly responsible for making factual conclusions and basic legal conclusions (such as guilt or innocence), and the judge is responsible for making specific legal conclusions, that is, judgments.

In addition, there are many differences between the two legal systems in legal classification, legal terminology, legal education, judicial personnel recruitment and judicial system. Anglo-American legal system There are two legal systems in western society, one is the continental legal system and the other is the Anglo-American legal system.

Civil law system, also known as civil law system, code law system, Roman law system and Roman-Germanic law system, is the general name of laws developed on the basis of Roman law. It was first produced in continental Europe and then spread to Latin and Germanic countries. Roman law in history took civil law as its main content. France and Germany are two typical representatives of this legal system, in addition to countries and regions that were once colonies of France, Spain, the Netherlands and Portugal, as well as Japan, Thailand and Turkey. The law of old China * * * * * *, the civil law system formed two branches represented by French Civil Code 1804 and German Civil Code 1896.

Anglo-American legal system, also known as common law system. It refers to the general name of laws developed on the basis of English common law. It first came into being in Britain, and later spread to many countries and regions that were once British colonies and dependencies, including the United States, Canada, India, Pakistan, Bangladesh, Malaysia, Singapore, Australia, New Zealand and individual countries and regions in Africa. 18th century to19th century, with the expansion of British colonies, English law was introduced into these countries and regions, and the Anglo-American legal system eventually developed into one of the major legal systems in the world. Anglo-American legal system also has two branches, namely English law and American law. There are differences between them in legal classification, constitutional form and court power. The main feature of Anglo-American legal system is that it pays attention to the continuity of code and takes case law as the main form (simply explaining case law means how to judge it before and how to judge it now).

Common law system: refers to the laws since the Middle Ages, especially ..... >; & gt

Question 8: What's the difference between civil law system and common law system? What are they? Classification of law: the main classification of civil law system is public law and private law; Common law and equity are the main categories of common law system.

Legal sources: the legal sources of civil law system do not include judicial precedents, while the common law system does.

The legal structure is different: the civil law system is used to make unified and systematic provisions on the legal norms contained in the legal departments, and the code is the backbone of the civil law system. The Anglo-American system rarely formulates codes, and its legal structure is mainly composed of single-line laws and precedents.

Judges have different powers: judges in the mainland system can only apply laws and have no power to create laws. Judges in the Anglo-American system can invoke the provisions of the law and create laws under certain conditions.

Different litigation procedures: the mainland system is centered on judges and has the characteristics of questioning. The anglo-American system is centered on the parties, defenders and agents, and has the characteristics of defense.

Legal logic is different: deduction is usually used in legal reasoning in civil law system, and induction is mainly used in common law system.

Question 9: Comparison between civil law system and common law system 1. The civil law system, also known as the civil law system, refers to the general name of the laws produced and developed by the ancient Roman legal tradition, especially the French Civil Code at the beginning of19th century. Because the influence of this legal system is mainly in continental European countries, especially France and Germany, it is also called civil law system and Roman-German law system. The main form of law is code, also known as code legal system. (1) In addition to continental European countries, there are also countries that were once colonies of France, Germany, Portugal, the Netherlands and other countries, which were influenced by it for other reasons. For example, in Africa, there are Ethiopia, South Africa and Zimbabwe. In Asia, there are Japan, Thailand and Turkey. (2) In addition, it also includes some areas of some common law countries, such as Quebec in Canada, Louisiana in the United States, Scotland in the United Kingdom, etc. 2. Common law system, also known as common law system. The common law system refers to the general name of the laws that came into being and developed on the basis and tradition of English medieval laws, especially the common law. Because it mainly comes from English common law, it is also called common law system and English legal system. Law with case law as the main form, also known as case law system; In modern times, it is composed of English law and American law, also known as Anglo-American legal system. The scope of this legal system, except for Britain (except Scotland), mainly includes many countries and regions that were once British colonies and dependencies, such as the United States, Canada, India, Singapore, Australia, New Zealand and individual countries and regions in Africa. There are many similarities between civil law system and common law system, for example, they are essentially the same in economic base and class, and both attach importance to the rule of law. 4. The difference between the two: (1) In the way of legal thinking, the continental law system belongs to deductive thinking, while the Anglo-American law system belongs to inductive thinking, with emphasis on analogical reasoning. (2) As far as the source of law is concerned, the source of legal form in continental law system is only statute law, while the source of legal form in Anglo-American law system is statute law and case law. (3) In terms of legal classification, civil law countries generally take the division of public law and private law as the basis of legal classification, while common law and equity are the basic classification in common law system. (4) In the litigation procedure, the civil law system is close to the canon law procedure and belongs to the inquisition system, while the Anglo-American law system adopts the adversary system. (5) In the aspect of codification, there are representative codes in the main development stages of civil law system, especially since modern times, large-scale codification activities have been carried out. The common law system carried out large-scale legislative activities during the Tudor dynasty, and the number of written laws has also increased since modern times, but generally it does not tend to be systematically codified. (6) There are still many differences between the two legal systems in court system, legal concept, legal application technology and legal concept.