The simple answer to review foreign legal history

The basic characteristics of the ancient India code 1.

1 ) is closely related to Religion: first of all, many of the ancient religion, law of India origin is very complex; secondly, the arrangement of the contents and style by the doctrine, law.

2) maintains strict caste system: to caste system throughout, so some people call it the "caste".

3) phase mixing various legal, religious, ethical norms.

The characteristics and historical position of 2 Germanic law.

 features: the group as the standard; the personal principle; focus on form; the lack of abstraction.

 historical position:

1) Germanic law is the first law in Western Europe after Rome was dominant in position;

2) lead and direct influence the formation of feudal law in Germanic law;

3) Germanic law with completely different from the Rome law system show people a new legal concept, legal, to. Rich treasure house of human law. And that our multi angle to understand the legal phenomenon.

Characteristics of the 3 "code of Hammurabi".

1) code maintenance monarchy, concentrated expression in: maintenance of Hammurabi Wang autocratic rule status; establish freedom absolute rule of people for slave power and domination;

2) code reflects the group standard thought, mainly displays in: the code to give civil rights, emphasizes on the countries and communities to fulfill the obligation is the premise of the rights and obligations with the commune members to personal qualifications;

3) code retained primitive habits;

4) combination of all laws, regardless of people's criminal.

4 characteristics of the Athenian democracy.

1) imposed direct democracy, namely the Athenian political sovereignty belongs to its citizens, citizens participate directly in their city;

2) official compulsory duty and one system "";

3) supervision system of perfect and developed.

The basic characteristics of the ancient Greek law 5.

1) ancient Greece because there are many city states of existence, so each city-state their formulation and enforcement of their law, law of ancient Greece is not a unified law;

2) the lack of Rome and Greece can be comparable to that of the complete code;

3) has certain laws in the treatment of the flexibility of the abstract, it aims to find the so-called "reasonable" standard, so the law was often empty has, in the process.

The basic content of 6 of Rome law.

Rome civil law is law, property law and procedure law of three parts.

1) Law: also called law of identity, is about human behavior right ability and capacity of the legal person status, rights, acquisition and loss of marriage and family relations, and etc.. Includes two parts and the marriage and family.

2) method: Rome is the body of private law, substantive law, the property law, law of the three law of succession and debt part;

3) procedure: in Rome, the public prosecution and private prosecution procedure is divided into two kinds, the public prosecution refers to refers to damage the interests of the state the case review, private prosecution is based on personal appeal, to the individual cases.

Characteristics of the 7 Islamic law.

1) is closely related to islam;

2) made an outstanding contribution to the development of Islamic law;

3) by external serious legal implications;

4) with the dispersion and diversity.

8 basic principles of the British constitution.

1) parliament parliament sovereignty principle: that Congress, the so-called "parliamentary sovereignty" that Congress in the aspect of legislation has the highest;

2) decentralization principle: relative to the U. S., law, Germany and other countries, the UK is not a typical separation of the three powers of national rights, legislative, administrative, judicial three checks and balances are not very. However, the British constitution is still largely reflects the common features of bourgeois constitutional separation of powers, i.e.;

3) responsibility cabinet: cabinet must collectively to Parliament for the sovereignty of Parliament, is the principle;

4) principle of rule of law: "rule of law" which literally means "rule of law", the basic is the bourgeois constitution widely adopted the principles, it emphasizes in front of everyone is the law.

The basic content of the 9 British tort liability principle.

1) fault liability principle: the principle to the defendant to bear the interest due attention obligations for the premise, if the defendant in order to be able to make the appropriate legal recognition attention obligation is fault, the fault of the damage, the defendant shall be liable for compensation;

2) comparative responsibility principle: it is the fault of the individual as the foundation, but in the determination of compensation, we should consider not only the fault of the defendant, also taking into account the fault liability, on both sides of the comparison, according to the degree of fault to determine responsibility;

3) strict liability principle: that some in the legal conditions, regardless of whether the defendant has fault, as long as the fact of damage, the defendant must bear full compensation negative.

The basic content of "10" of the declaration of independence.

"Declaration of independence" was passed in 1776, with the bourgeois Enlightenment thinkers "natural rights" and "social contract" theory as the theoretical foundation, said: everyone is born equal, they are endowed by their Creator with certain unalienable rights. That to secure these rights, governments are instituted among men. The legitimate rights of the government, from the consent of the governed, if the government is destructive of these ends, the people have the power to alter or abolish it, the establishment of a new government. Its distinctive expression of the bourgeois revolutionary ideology and politics, Marx was known as the "first the Universal Declaration of human rights", laid the foundation for future political and ideological theory born America constitution,

11 main principles on the USA constitution.

1) decentralization principle: the constitution of legislative power, administrative power, judicial power belongs to the Congress, the president and. The principle of separation of powers America constitution not only in the federal government, legislative, judicial three organs of the separation of powers, but also in the power distribution of federal and state governments;

2) balance balance: American constitutional principle principle and decentralization, not only for the three federal authority restriction, but also mutual in federal and state powers control, the federal government three agencies and the federal government and the states of any one party does not enjoy the complete, absolute;

3) principle of limited government: Government in the exercise of power, must ensure that the rights of the individual and the.

12 the French civil code.

1) code is a typical capitalist society early civil code, reflect the period asset free capitalist class right;

2) code complete recognition of basic bourgeois civil law principles, including civil rights equality, ownership inviolability, autonomy of contract and tort liability;

3) traditional codification is revolutionary and compromise product, retained some old system;

4) code inherited Rome traditional in style, content, pay attention to actual effect.

Characteristics of 13 nearly, modern French constitution culture.

1) constitutional change and instability;

2) several amending the basic representation of the 1789 revolution was followed principles, the "Universal Declaration of human rights" as the constitution of the;

3) constitution, modify the program and explain the special nature of the right to;

4) always maintain the codified form constitution, customary law generally does not play a role;

5) the modern French Constitutional Development, showing a growing government executive power, legislative power, weaken parliament party organization power, improve civil service status, increase the delegated legislation.

14. 20 century German civil law important development in what aspects?

1) the important civil development first reflected in the debt relationship and family law: the principle of freedom of contract is limited liability; civil law principles, the principle of strict liability has been to replace; the family law principle, according to the "law";

2) German civil law development is another important field of real estate is related to rental housing and residential construction.

15 of the European Union Law concept.

The European Union Law and European Community law, is a special type of legal system applicable to members of the European Union, is the general term of the European Union institutions, functions and economic and Monetary Union and political union treaties, regulations, orders, decisions and case law.

1) the European Union has supranational;

2) has the function of European Union law;

3) the European Union Law is a product of European social integration, is a combination of international law and domestic law.

 

 

To discuss the problem:

1. comparative study of continental law system and Anglo American law system. (The test)

Between Anglo American law system and continental law system, there is a significant difference, performance:

1) mainly different sources of law: in the law of the main sources of law, case law; and in the continental law system, generally do not recognize the case effectiveness, in all departments of law have established a system of written code;

2) inherited Rome law degree is different: the Anglo American law system did not follow the revival of Rome road; and the continental law system development is in full inheritance law of Rome based;

3) legal system and the role of the judge is different: the Anglo American law as law case basis, the legal system is very complex, the lack of systematic classification; while the civil law, is not only a complete legal system, but also the role of the judge is very;

4) judicial organization of procedural law pay attention to different: Anglo American emphasizes the importance of procedural law, the adversarial system; while the continental countries pay more attention to substantive law, procedural law is simply that the substantive law project, generally use the inquisitorial procedure.

Despite these differences, there are still many similarities between the two legal systems:

1) the legal nature of their same;

2) close to the traditional elements, are Rome, before modern Germanic law and Canon law;

3) guidance law of the same;

4) behind the legal economy and ideology are the same.

The relationship and difference between the 2 American law and English law. (The test)

America law and English law belong to the common law system, the two have a natural link.

1) case law is the main form of: Britain and America legal body part is the case law of the formation and development of creation, and the law, the legal principle and legal interpretation often form is through the legal precedent;

2) legal style consistency: Britain and USA as follows "the doctrine of precedent, the court" create a precedent for similar cases have binding force; in the trial style, like the United Kingdom, USA also use inductive inference. In addition, America inherited the British law on the legal classification of tradition, not the division of public law and private law.

USA method is different from the method of characteristics, it is in the process of development, gradually formed its own characteristics. Performance for the:

1) legal transplantation in criticism. USA method inherited the English common law tradition, but the use of America on English law, to meet the America condition as a premise, the common law rule is not suitable to their own national conditions do not apply;

2) double legislative and judicial. Unlike single British, legislative America by federal and state according to the constitution court respectively form, divided into federal court system and the state court system;

3) case law and statutory law in both theory and practice. USA laws than in English law, an earlier show attention tends to law, is a kind of case law and statute law as "mixed system". The British general exclusion theory instruction function to the practice, USA emphasizes the role and status of the courts and judges, but also pay attention to the functions of the jurists;

4) the flexibility of legal interpretation.

The relationship and difference between the 3 German law and French law.

The link between the two: German law and French law belong to the continental law system, is in Rome on the basis of the method, according to the needs of the modern capitalist development, and gradually establish and perfect law system. Whether from the legal system, structure, form, or from the nature and role of law position, the two countries are very similar. The close relationship between the German law and French law, German law is founded in pioneering French six system on the night it was a century of the great and direct influence. Inheritance of French law is obviously the German law.

The difference between the two:

1) German law monarchism products, with strong conservative; French law is the bourgeois revolution product, with the progress of the times;

2) Germany for the law in the judicial achievements over France, the French law with its revolutionary, pioneering and historical progress champion; Germany law with its thorough legal rational, high technology and strict logical thinking is known to the;

3) the difference between Germany and France in the system, structure and specific system is mainly manifested in the:

A) Germany has always adhere to the theory of codified legislation direction, even in the field of administrative law, nor;

B ) at the law department, major in addition to the French civil code development, Germany also creative economy;

Germany C) the administrative litigation on pure administration;

D ) in order to ensure the implementation of the constitution, Germany established a relatively perfect system of constitutional litigation, thus forming the world come first on the list of large, well-organized judicial system.

Effects of 4 church law of modern western law. (Important)

Influence of church law law in future generations are in many aspects, both the concept layer, there are aspects of structure and form of the system, mainly in the:

1) the constitution:

A) the concept of two church law for modern constitution to affect the performance of the most prominent power structure and the church in the establishment of jurists. In medieval Europe, highlighting the Magisterium and kingship overlap each other, constitute the Magisterium and kingship two binary structure is a very important point, which constitutes the history the most important source of modern constitutional system;

B) papal power law two by the law of God and nature. Principles of limited government power in the modern constitution can find origin from here;

2) International law:

A) church in Christian doctrine and ethics formulate the norms governing international relations;

B ) on the issue of war, the canon law, the object of war is not to conquer, but for the sake of peace;

C) church in order to make the war of humanity, but also the use of weapons to limit;

D) Church of the Middle Ages "private war" to limit laid, these some important for future generations of the law of war rules.

3) law:

A) church law influences on modern law is the biggest in the marriage and family system;

B) church law focus on the protection of the interests of the widow, a direct result of the western countries "raise the widow property" system;

C) in property law, the church has developed a set of more perfect theory and method in real property possession system, in the long-term possession of church law and Rome law, different, become a civil law.

4) criminal law:

A) church law the crime as "criminal guilt", indicating that it attaches great importance to the concept of good and evil;

B ) in applying the penalty must be considered for the perpetrators of purification of the soul and moral correction, which in fact is the future education punishment;

C) the conviction and sentencing, the church to all people regardless of rich or poor, are equal, this is the modern legal principle of equality.

5) procedure:

A) in procedure, church law to the law exists in the mind which is called "the principle of judicial process of conscience", can some principles and in modern western criminal litigation practice, see some;

B) church law have great influence on secular in criminal proceedings established inquisitorial procedure.

Historical position of 5 combined with the characteristics of civil law of the French law.

France has thought foundation fruitful, and complete system, is a typical representative of civil law. Napoleon founded the "Six Laws system", not only has the leading role in the formation and development of the continental law system, but also to the modern legal system development, also produced important influence.

1) mainland France has the typical significance not only in Europe, medieval feudalism is the typical method, and then the typical become capitalist written code and in the bourgeois revolution;

2) French Enlightenment thinkers of natural law in theory as the guide, take the written law as the basic form, the bourgeois legal principles clear and;

3) france followed the Rome law, with strict division between public law and private law as its establishment bourgeoisie legal system;

4) France first pursue the ordinary jurisdiction and administrative jurisdiction principle of separation, which is a typical "double track system" the judicial system of other national judicial system has profound;

5) after the French law, basic characteristics formation and the bourgeois revolution created have very close connection, so the French mainly in continental law mother.

A) statute codification is a significant feature of modern civil law, French law comprehensive law countries greatly on continental Europe and other attractions, and gradually to;

B) historical law, common is based on Rome law, modern law in France Civil Code, represented by the inheritance law, Rome law tradition, make Rome method;

C) of some other important characteristic civil law has strict, for example, public law and private law two kinds of legal department division, the ordinary courts and administrative courts to the separation of the dual judicial system, the system has a very close all legal and the bourgeois revolution in France to establish.

Therefore, no matter from the formation and development of the continental law system, or from the basic system of continental law system and the idea of modern French law, establish and perfect, plays a basic and guiding role in the continental law system.

Historical position of 6 combined with the characteristics of the common law the law of England.

Britain is the birthplace of the common law, the common law of many important principles and systems are derived from the tradition of the English law. Relative to the civil law system, common law system has the following basic characteristics:

1) case law as the main legal origin: is subject to English law of the law, the common law countries of origin are generally divided into the common law, equity law and formulate;

2) in Germanic law for the historical origins of the British: core common law method is more pure Germanic law --. The development of the Saxon customary law based on the effect, some principles and systems of German law of common law is very large;

3) judges on legal development play a decisive role: the common law to the case law as the main source of law, and case law has officially judge in the long-term practice creation. With the legislative significance the judge's decision, so the common law known as "judge made law" theory;

4) reasoning for the legal to induction method: judges and lawyers in the application of the law, must by law to exist in many cases, summarize, abstract principle of induction, comparison, and then will be the most appropriate legal principles to specific cases;

5) is a strict division of public law and private law in the legal system : because no strict distinction between public and private law, administrative law, Britain had long ignored, nor administrative presence alone.

The development trend of world each main country law of the 7.20 century.

1) the major capitalist countries the world increasingly perfect legal:

A) some new legal department began to rise, with the progress of modern technology, the legal science and technology law, environmental protection law, energy law, aviation law, intellectual property law, etc.;

B) of administrative law: becomes more and more important in modern administrative law developed, one of the most important is the modern legal countries increasingly complete;

C) and the tendency of socialization of law more prominent;

D) legal democracy increasingly. After twentieth Century, in the national constitution, civil rights has been paid more and more attention, more and more detailed provisions;

E) the trend of unification and international law: first, legal system, strengthen the two between come close to each other; secondly, European Union Law to promote the legislation and in the judicial unity among its members, but also to strengthen the legal development China internationalization.

2) the socialist legal system was born: twentieth Century after the biggest, world legal development and change of socialist law. China, North Korea, Vietnam and other Asian countries embarked on the socialist road, since 80 time end, many socialist countries based on the adherence to the socialist basic direction, with its own situation, the reform of relatively large, so that the socialist legal system has its own characteristics;

3) the developing legal system: after twentieth Century, the rise of Asia area of the developing countries has also undergone a great change, these countries with their own national conditions, introducing western legal, absorbing the national tradition, the legal system is effective.

 

PS caste system: is the ancient India's caste system, but also the core content of the ancient India law. It put people into the Brahmins, Kshatriyas, vaishyas and shudras four caste. All kinds of name of the rights and obligations of different.