2. In legal form, there is generally no case law in civil law countries, and important departmental laws are codified, supplemented by separate laws and regulations, forming a relatively complete legal system. The natural law thought and rationalism advocated by bourgeois enlightenment thinkers are one of the reasons for the codification of civil law countries. 179 1 The "Declaration of Human Rights" in the French Constitution clearly declared that everyone's natural rights can only be determined by statute law. The thoroughness of the bourgeois revolution in continental European countries, represented by the French Revolution, was manifested in law by launching a large-scale codification movement. The strict distinction between legislation and judicature requires that the code must be complete, clear and logical. Once the code is promulgated, judges must faithfully implement it, and the old laws on similar issues will lose their effectiveness. The written statutory system includes: Constitution, administrative law, civil law, commercial law, criminal law, civil procedure law and criminal procedure law.
3. In terms of the role of judges, civil law requires judges to handle cases according to law and have no legislative power. Civil law countries have a clear division of labor between legislation and judicature, emphasizing the authority of written law, and the effectiveness of written law takes precedence over other legal sources. Moreover, all laws are divided into public law and private law, with a complete legal system and clear concepts. Judges can only strictly enforce the law, and may not create laws or violate the spirit of legislation without authorization.
4. Civil law system generally adopts the dual-track system of court system, and attaches importance to the distinction between substantive law and procedural law. The civil law system generally adopts the dual-track system of separating ordinary courts from administrative courts, and judges are appointed by the government after examination, strictly distinguishing substantive law from procedural law, and generally adopting inquisitorial litigation.
5. The form and method of legal reasoning is deductive method. Because judicial power is greatly limited, laws can only be formulated by representative legislature, and judges can only judge cases with established laws. Therefore, in civil law countries, the role of judges is to find the applicable legal provisions from the existing legal provisions, and link them with the facts to infer the inevitable results.
The modern French legal system was established in the Napoleonic era, which not only laid the foundation for the later development of French capitalism, but also had a great influence on the legal system of modern western countries. France is the country that promulgated the most constitutions in modern times, and the Declaration of Human Rights established a series of bourgeois legal principles. France is the earliest and most developed country in western countries. Implementation of French Civil Code 65438 to 0804
This paper introduces the basic principles of bourgeois civil law, which marks the formation of civil law system and is a milestone in the development of civil law after Roman law. 18 10 French criminal code is the first criminal code in modern times, which embodies the criminal law principles of the bourgeoisie. French procedural law laid the foundation of civil law litigation system. French law is the representative of civil law system and occupies an important position in the history of world legal system.