Question 2: 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 3: Do the legal system and the legal system mean the same thing? Seeking superior people are two easily confused concepts in jurisprudence. Now I'll turn the book over and explain it to you. The legal system, also known as the legal system, refers to the unified whole formed by the classification and combination of all the existing legal norms in a country according to different legal departments. This concept is the content of legal ontology (see Zhang Wenxian Jurisprudence, 3rd edition, page 65,438+026). The concept of legal system belongs to the historical development theory of law (see page 199 of this book). The so-called legal system is to classify the legal systems of various countries and regions in the world according to their historical traditions and external characteristics. Usually, the legal systems of several countries and regions with certain characteristics in form and belonging to the same historical tradition are divided into the same category. You can ask me again if you don't understand! Oh!
Question 4: What is yarn stall E? 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 difference between the two legal systems in legal and historical traditions or macro aspects can be said to be: 1. Judging from the tradition of legal sources, the civil law system has a tradition of written law, and written law is its main legal source. Cases are generally not regarded as formal legal sources (except administrative cases) and are not binding on court trials; 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. 2. According to the tradition of codification, some basic laws of civil law system generally adopt the form of systematic code. The common law system generally does not tend to be in the form of code, and its statute law is generally a single law. 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. 3. From the traditional legal structure, the basic structure of the civil law system is based on the classification of public law and private law. Public law in the traditional sense refers to constitution, administrative law, criminal law and procedural law; Private law mainly refers to civil law and commercial law, and the basic structure of Anglo-American legal system is based on the classification of common law and equity. Historically, common law represents the law of the legislature (association), equity mainly represents the law of the judiciary (judge) (case law), and equity is a supplementary rule of common law. 4. According to the tradition of law application, judges in civil law system first consider the provisions of statute law after ascertaining the facts, and attach great importance to legal interpretation, so as to make the statute law fully applicable; 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". 5. From the procedural tradition, there are some traditional differences between the two legal systems. For example, the civil law system tends to be authoritarian, that is, judges play an active role in litigation, while the common law system tends to be confrontational, that is, the prosecution and the defense engage in confrontational debates, and the role of judges is passive and neutral. 6. From the perspective of vocational education tradition, the civil law system has highlighted the legal theory in the vocational education of lawyers and judges, so the civil law system has been called "jurist's law" since ancient Rome; Vocational education in Anglo-American legal system pays attention to practical case handling ability. For example, the professional education of lawyers is mainly carried out through associations, which is the so-called "mentoring relationship" education.
Question 5: What legal system does China belong to? What is the difference between it and the continental legal system and the Anglo-American legal system? China is a country with civil law system, which implements statute law, while the common law system is mainly case law! Statutory law is a law that clearly stipulates what cannot be done and what can be done. There is no clear legal provision on what can and cannot be done in case law, but judges can judge cases according to previous judgments of similar cases. Now everyone is beginning to merge, and some written laws have begun to appear in the Anglo-American legal system.
Question 6: 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 7: What is the legal system? What is the main legal system in the world today? They are the laws of several countries and regions with the same legal tradition, and they are the general name of legal phenomena beyond several countries and regions.
According to the basic characteristics of the laws of various countries in the world, jurists have divided five legal systems: continental legal system, Anglo-American legal system, * * legal system, Indian legal system and China legal system. The main legal systems in the world today are: civil law system and common law system.
Question 8: What is the "civil law system"? What is the "common law system"? The difference between civil law system and common law system
Legal concept
Legal system is classified according to the historical tradition of legal system, the origin of law, the characteristics of law in form and structure, legal practice, legal consciousness and the position of law in social life.
European continental law system → Anglo-American law system/(historical tradition, structure and legal origin of legal system)
At present, there is a trend of integration between the two systems, especially the commercial law and the debt law. The trend of international unification is very obvious, and the division between the two systems is not absolute.
Differences in historical origins
The continental law system originated from the European continent and was formed through the efforts of European universities during the Renaissance.
The common law system originated in Britain, and historically it was linked with the national unity that upheld the supremacy of kingship and law.
The main promoters are different.
Jurists have played an important role in the formation of the civil law system, so they are also called "jurist law".
Judges have played an important role in the formation of the common law system, so they are also called "judge law";
Differences in legal sources
The main source of civil law system is statute law, which is understood as abstract norms.
The common law system takes case law as its main source, aiming at solving litigation.
Focus on different things.
The continental law system attaches importance to the substantive provisions of relevant laws and substantive laws.
Anglo-American legal system pays special attention to the provisions on trial, litigation procedure, evidence and execution of judgments, and pays special attention to procedural law;
Structural differences of laws
The structure of civil law system is basically divided into public law and private law. Due to historical reasons, the civil law regulating the relationship between citizens and the later civil and commercial law occupy an important position in the whole legal system.
Because common law originated from the protection of royal interests, public law occupies an important position. Its basic classification is common law and equity law, and its concepts and vocabulary are different from those of civil law.
Question 9: What is the legal system of Italian law? Italy is a civil law system, and only Britain in continental Europe is an Anglo-American law system. Other major countries, such as France, Germany, Italy, the Netherlands, Spain and Portugal, are all civil law systems. Therefore, influenced by the former suzerain, China and Hongkong belong to the Anglo-American legal system, while China and Macau belong to the continental legal system. China is also the only country in the world where two legal systems coexist.
Question 10: What does a mage mean? 1 > the significance of mage in religion
Sanskrit dharma-bhanaka, also translated as a mage. A monk who can speak Buddhist scriptures is called a mage. So Sakyamuni and his disciples are also wizards. Xuanzang in the Tang Dynasty was known as the master of Sanzang because he was proficient in Sanzang. But in today's China folks, probably out of respect for monks or simply don't understand the meaning of the word' mage', anyone who meets a monk, even a little novice monk, is called a mage regardless of whether the other person is qualified to preach. The mage was originally a degree title. Only those who are proficient in Buddhism can be called wizards, not everyone can be called wizards. There is also a higher education. Those who are proficient in Confucian classics and Tibetan classics are called teachers, those who are proficient in law and Tibetan classics are called lawyers, and those who are proficient in Tibetan studies are called commentators. Even higher is Master Sanzang, a classic master of Sanzang. For example, Xuanzang and Yijing in the Tang Dynasty all won this title. ? Mage in Taoism: A Taoist who is proficient in precepts, presides over fasting ceremonies and teaches others to enter the Tao is called a mage. Those who are proficient in Taoism, can maintain health and educate people, and are teachers are called wizards.
2. The meaning of "image" in western literature.
English mage, usually the abbreviation of "magician" and the old translation of "magic observer", usually refers to people who can manipulate supernatural forces and take this as their profession. In the rules of dungeons and dragons, it is subdivided into two categories. People who are born to manipulate supernatural forces and take this as their profession are called warlocks, and those who rely on acquired learning and research to obtain this ability are called wizards.
3 > The meaning of the mage in the game, the great magician antonidas.
The background of each game is different, and the mage in each game is often different. But on the whole, the mage is still such a person. They are weak and have no advantage in armed combat, but they have great spiritual strength and supernatural power to make up for their shortcomings.
Usually, there are two kinds of wizards in the game. One is Dungeons and Dragons. Wizards in this kind of games have mastered a lot of spells, but every spell will be forgotten after being cast, so they need to rest every day to regain these abilities, such as neverwinter nights. This game is not very famous, but it is a primitive wizard configuration.
The other is a game in which the mage casts spells with mana or energy or other things. Most of the games we are in contact with now are like this. When you see that you have a blue groove besides the blood groove, then you can basically be defined as a "legal" profession. If you are not a therapist, then you are a mage to some extent. There is a saying that the equipment that the mage doesn't want is the treatment equipment.