"America code"(USC) and American codification movement

Recently read about the legal system of USA articles, often see "America code ("United States Code) this statement, do not know what mean. America is the common law countries, the vast majority of states are based on case law, although there are like "Uniform Commercial Code" (UCCThis unified compilation), recommend the use of written law to the States, but not in civil law countries, the legislation enacting statute enacted. Here is how to run out of a "America code", not the solution, it sounds like the collection of laws, legal scholars by the law book, or USA scholars commonly used the Restatement (Restatement of the LawLike), and consulted a lot of information, it generally clear the "USA code" of the sequence of events. Had not thought are closely linked and USA common law evolution, its emergence and development history is simply a USA legal system change change.

We know, America is a common law (Common law) the traditional state, but it is an emerging countries only two hundred years of history, legal system, legal system and it is also established in common law is based on the complete "America", with a distinctive color and American American mark. Since the founding of the United States of America at the beginning, the founders of America come very naturally to the common law as the cornerstone of our legal system, set up a legal system, but they claim to democracy, equality and freedom of philosophy and the social political ideal to design and shape of the USA constitutional system and American society, determines the founding elite not completely copy the common law system, Britain's use, but, in succession. The thirteen state of the eastern USA is from British rule to independence, from psychological aspect, the rebels are difficult to copy the original rulers of the law, will abandon its unreasonable and constitutional monarchy constitutional form feudal color, the English law of selective inheritance. In addition, USA has its unique natural environment, living habits, thinking method and economic conditions, and the common European French big different, also need to transform the original common law, in order to meet the needs of USA social reality. Therefore, American after the founding of the PRC have been made many statute law and law, as a supplement to the common law.

In fact, improvement and Reform Based on the common law, drawing on the advantages of the continental law system, constantly trying new legislation, and tries to combine the advantages of the two kinds of legal system to create a American characteristic legal system, has been American lawmakers pursuit, it almost became a tradition America in legislation. So, the Americans on the common law of inheritance and not completely copy, they treated in the traditional barriers between the two law systems countries did not limited to civil law, codification and so on, but continue to break through the barriers, showed great flexibility and practicability, this is the best embodiment of American innovation gene, pragmatism and the eclecticism in legislation thought. Can say, American method is introduced based on the common law greatly, and the convergence of the civil law codification of traditional model of common law system.

Simply to say, USA history is short, not the traditional tired, Americans are good at innovation, the pursuit of change, believe in yourself is always the best, always want to find the best legal system belongs to own nation, then changing left by the British common law, up to the present, formed a unique legal system USA own. The worst comes to the worst,18At the end of the century old beauty the blank, had left by the British common law will use, but not inherited, then adopt a piecemeal approach to change, every little bit to turn, slowly action is more and more big, have begun to learn the practice began, law codification, "Uniform Commercial Code" (UCC) is a typical example, now face a neither common law nor the continental law "mixed" law, which are called "America law", so that feasible. At this point, back to a series of events American legislative history and changes, it is not difficult to understand America legislative evolution evolution and trend in two legal exchanges and fusion.

The United Kingdom is a constitutional monarchy the earliest, but Britain does not have a written constitution, collectively known as its constitution are just a few of the constitutional legal documents. But beginning with the common law countries USA Jianguo promulgated the constitution, and become the world's first become the constitution. Jefferson and several other USA elite never thought, they are1787Philadelphia Convention on the grass of the Federal Constitution, an achievement of constitutional history great pioneering work, after 200 years of history, showing the continuity and stability of amazing and extremely strong vitality, still remains a model of the capitalist countries constitution, followed by countries.

Formulating constitution opened America codification precedent, but also for future fusion trend common law, continental law USA legislation provides an example. After 200 years of legislative process, USA has been from the countries of continent law, codification impulse too bulging with many legal scholars impulse, "codification movement" in the USA several staged, has been impressive, in some areas, and even can be said to be present a splendid sight.

Due to the profound influence of the common law tradition, the codification of civil law, commercial law speed degree in private law field is far less than such as the constitution, criminal law, procedural law and public law. To the end of the war of independence, American except promulgated the Federal Constitution, many states have enacted their own constitution.19Previous half period of 20th century, America began to set off a wave of codification movement, the states have enacted their own code, to supplement or replace the original zero zero spread, and many common law precedent and the law. Lewis Anna -- the French descent of the population subject state -- as the vanguard, can scarcely wait to restore the legal tradition of French civil law, in the1808Promulgated by French law based civil code, followed by Edward·Livingstone.Livingston) in1824The drafting of the criminal law and the criminal procedure code. But the near America in establishing what legal system problems appeared very intense controversy, codification advocating the establishment of common law system of the common law school and that European countries were modeled on the codification of the debate to send delay for a long time, each sticks to his argument, neck and neck.1836Years, the Massachusetts appointed a special committee to consider the law, common law, or part of it down to a written and the system code is feasible, the Commission in the opposition finally submitted a draft criminal code, but it was rejected. The traditional status of common law has been hitherto unknown challenge, and the codification of innovation is in the midst of opposition difficult. American legislation circles or in adhere to the common law tradition and close to the codification swung back and forth between.

When it comes to codification movement can not America not mentioned a key figure -- field. Field1805-1894.Is American famous lawyers and legal reformer.1828Years in New York has obtained the qualification of lawyer, law reform and then committed to America common law, he compiled the "code of civil procedure"1848By the state of New York, and later was about30States the. Later on in the1860-1865He also drew up a civil code, a penal code, a political code and a code of criminal procedure. In California Prefecture1872The compilation of all his5A code, then, Saji A, Montana, North Dakota, South Dakota, four states have adopted. But in his work of the state of New York was not so lucky, the code was two times by the New York state legislature, but by the governor to veto. Until1881Years, the penal code he compiled for the New York state. The above five earlier code becomes "the field code", to commemorate the America codification movement getters (Prime mover). Field has a great impact on other states in the state of New York codification activities, greatly promote the unification process of American method.

The common law is difficult to shake the status in the USA, but efforts to codification has never stopped. After pushing Field, his five code was adopted. A lot of state identity, to19Century, the codification movement has been a bit like a raging fire posture. On the other hand, along with the improvement of law, to19End of the century20At the start of the 20th century, America various laws, regulations and rules of the number of rapid expansion, has enormous to alarming proportions, Books are numerous., many kinds of legal precedent, let the professional lawyers, judges are and step back, not to say the common people convenient query and use, difficult in reality and the law compilation (assembly) highlights the importance of it. So, there is a unity of codification and state law requirements.

America code (USC) would emerge as the times require in the context of this. The first true national sense of the compilation of code is in1875Since the beginning of. According to the social from all walks of life to reflect the views of,1878Years of formal codification. After decades of effort, until1926Years, America code to complete the compilation of the first comprehensive, system, thus the codification American has formed a set of relatively fixed system and standardized procedures. American current official codification system is divided into"USA codification"And"American federal administrative law compilation"The two part. The two code consists of two specialized agencies responsible for compiling. Responsible for American codification mechanism is located in the America house of representatives of the law revision committee (OfficeThe Office of the Law Revision Counsel of the House of Representatives); responsible for America federal administrative codification mechanism is the Federal Government Gazette (Bulletin Office of the Federal Government). In addition, the law codified state parliament and government also set up specialized agencies independently according to the legislative authority of the respective.

American code is a considerable legal assembly engineering.1926The first will be all the more than 200 years since the legislation Congress (with the exception of the declaration of independence, the federal regulations and federal Constitution) to the compilation, every single method in accordance with the provisions are apart, then according to the division of the50A class to be arranged, the same category of provision in a big class, regardless of from which the statute. So the total legal decomposition, classification, rearrangement, assembly, forming50America law "classified compilation" composed of a large class of, and to be named as the "code" (AmericanUnited States CodeAbbreviationUSC), for the first time15More volume published, this is the first edition of "America code". On the USA code system and the compilation of procedures, can refer to this article.WikipediaThere are more clearly, introduced the "structure" USA code, can see English text introduction.

Know "America law and its codification ("CompilationWhat's the matter. And the mainland legal code (Code() and codificationCodificationApart from). The concept of codification and codes of the American understanding of, and the codification of civil law and law on the meaning of the concept is still a far cry from the. All code is not equal to the true meaning of USA our understanding on the law. The biggest difference lies in their compilation of authority and legal effect. The compiling institutions America code, American federal administrative law while in Congress and the federal government, but not the legislature; civil code (such as the French civil code etc.) was enacted by the legislature enacted. The former is composed of non legislative codification, no mandatory legal effect, the classification of legal codification in the very great degree is equivalent to our general understanding of the Department, or disrupt the restructuring law book, although the provisions of which comes from the law, but the law has no legal effect, which is more convenient to use and teaching research the query; and the mainland legal system country's law is the real law, was promulgated in countries with compulsory legal code.

According to American code50Subjects were arranged and assembled, is a major subject specific legislation (such as Congress, the federal government) related to the content of all laws or regulations promulgated in a certain period of time, similar to the legal encyclopedia type comprehensive classification of legal documents. Any legal document after decomposition, into the law system does not maintain the integrity of the original state. In addition, USA codification is not to create a new process, but limited to the classification, some pure technical dismantling, re combination etc.. A little matters relating to some substantial content, must be submitted to the Congress through the. Institutions and personnel undertakes American codification work is the legislative body of functions within the organization and professional personnel, rather than the civil law meaning of the "code"".

Although say their work is a compilation of code, but the codification America codification and the countries of continental law system is not the same. Although America by reference to national codification practice of continental law system, streamlining the law also part of the civil law codification pursues (SimplifyUniform Law (,)UnifyEasy to understand (Law)Understandable), law (can be predictedPredictable), for the public to query and reference (Accessible) and so on, but it is not according to the law department internal systems to the compilation of existing laws, only a technical arrangement and re assembly, no legal effect, which determines the American code is not a real sense of "the Napoleon code" or "pan Dirk meal type code", it is nothing more than Phi the Codex form continental coat. From the perspective of its nature, we can only say that it is a "legal assembly type code".

Of course, it is of positive meaning USA code compilation, and fusion to improve USA legal system and the two systems, has played a very big role. America code is not the countries of continental law system code, simple legal assembly is not what we usually understand (Compilation). We understand the general sense of the legal compilation is based on legal documents formulated organ, validity, implementation time, content standards classification, concentration, and system arrangement, compiled into a book. This assembly to retain the integrity of the original legal documents of the original, not a separate legal documents to decomposition and restructuring, internal sequence does not change the legal documents, is only classified according to the classification standard of compilation. From this point of view, mode and standard variation on the legal document processing technology, it is not USA code work more complicated. Codification USA only a classification standard -- is50A preset "theme" category, the "theme" is the largest unit analysis method decomposition and restructuring. Unlike the general assembly America code law, legal documents compiled by it have been mutilated "be reduced to fragments", the law spread to50Every corner of a large class of. The single legal document legal assembly which included can keep intact the original, without any changes.

In particular, the code of the common law almost throughout the whole movement USA legislative history, never forms and the results it is just "appear" America code and codification of so simple. This is the official level work, is the result of long-term promote civil codification and a lot of work, is the folk and the legal codification movement in the official reaction and echo. In fact, the more important work and two, are in the academic circles of civil and, one is the National Conference of Commissioners on uniform state laws (AmericanNational Conference of Commissioners on Uniform State Laws) advocated and set an example by personally taking part "standard code" of the compilation. It's the most brilliant achievement is the famous "Uniform Commercial Code" (AmericanUCC). Another is by America law (American Law InstituteLeading private code compilation), completed by a judge, lawyer, jurist, Professor, "("Private Codification) work, this work includes the society published a compilation of large for America states reference using the "model code", and according to the law department "restatement of the law by renowned jurist"(Restatement of the Law).

Compared with the America official codification work, these folk and legal academic work more important. They are not simply the laws of decomposition and restructuring and classification of assembly, but from the unified national state law, to overcome the common law "uncertainty" and the case "complexity" this purpose, the spirit of case law adopted common law, code form of the continent law, organized to carry out large civil engineering, compilation each department law "code" or "model code", "writing a lot of Restatement of the law", explains the general principles and legal principle. These works not only promoted the American common law codification process, is more important to perfect the American common law legal system, the common law and the continental law fusion in the legislative process, absorption of foreign legal system and advantages, partially overcome deficiencies.

The common law of USA involves many aspects, is a very broad question, America code relates to say is the official work, folk results in another paper on.