Question 1: What is the legal system in China? 1. Before solving this problem, we must first understand the origin of contemporary China legal culture. The origins of contemporary China's legal culture mainly include: (1) the basic ideas of Marxism on law and the experience of socialist countries, especially China's own socialist legal system construction; (2) Western legal system and legal thought; (3) Chinese ancient legal tradition.

Know the above, now you can talk about what is the legal system in China.

First of all, after the establishment of 1949 People's Republic of China (PRC), China abolished the Six Laws and established a new legal system and system, which can be said to have largely learned from the Soviet system. It should be said that the socialist legal system focuses on it, but it is undeniable that China is a statutory country and does not recognize case law; There is a distinction between public law and private law; Judges play a major role in litigation; Deductive reasoning is adopted in the application of law, which is very similar to the characteristics of civil law system to a great extent. So, if you ask whether China belongs to the continental law system or the Anglo-American law system? Civil law system, of course.

To sum up, we cannot simply say what kind of legal system China belongs to, but what kind of legal system China prefers, that is, China prefers civil law system and socialist law system.

2. The difference between the socialist legal system and the civil law system.

There are two legal systems in the world today: continental legal system and Anglo-American legal system, which are divided according to legal tradition, legal system and the operation of legal system. As for the socialist legal system, it is relative to the capitalist legal system, and it does not have the characteristics of juxtaposition with the continental legal system or the Anglo-American legal system. In other words, there are both capitalist countries and socialist countries in the civil law system. Therefore, it is of little significance to divide the legal system into socialist legal system and capitalist legal system, and the division based on ideology alone cannot explain the essential difference of legal system.

Question 2: What legal system does China belong to? China belongs to the civil law system as a whole, and the laws of China draw lessons from the practical factors of Roman law. Especially the present German law, we have borrowed a lot from our country, but China has also borrowed a lot from European and American legal systems.

Question 3: What kind of legal system does Chinese mainland belong to? 1, the civil law system is also called the civil law system, and having a complete civil code is an important symbol of a country ruled by law. But not in our country.

2. Civil law countries only recognize the validity of statute law in law, but not the validity of precedent. In the common law system, in addition to the legislature, judges also have the function of making laws. In this regard, although our judges have the right to make laws, the courts have the right. The judicial interpretation of the court is generally more effective than administrative regulations and rules, and sometimes even exceeds the law. For example, in criminal proceedings, there are only more than 200 criminal procedure laws, and the Supreme People's Court and the Supreme People's Court can't explain more than 1000. Many of these explanations are actually quasi-laws, not general "explanations".

3. Generally speaking, we have the following four kinds of organs with legislative power:

(1) The National People's Congress, that is, the legislature in a narrow sense. The legislative function is equivalent to the parliamentary function of the two legal systems, resulting in the promulgation law.

(2) the court, similar to the judges of the common law system. The interpretation of the Supreme Court is equivalent to equity, and that of the local court is equivalent to common law. The Supreme People's Procuratorate's interpretation is quasi-equity, and the local people's procuratorate's interpretation is quasi-common law.

(3) Administrative organs, including administrative regulations of the State Council, regulations of ministries and departments of the State Council, and local * * * * regulations of provincial and prefecture-level cities (including sub-provincial). This is also the embodiment of China's characteristics.

(4) Although the red-headed documents of the party newspaper organs have no formal effect, their practical functions are far superior to the above-mentioned other categories (including the first category). This is certainly more China-like.

To sum up, I believe that China does not belong to either of the two legal systems in the world today. It belongs to the legal system with China characteristics and has its own system. Let's call it Chinese legal system (Chinese legal system sounds good, but it will conflict with history).

Question 4: 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. German legal system is based on German Civil Code 1896, which emphasizes state intervention and social interests. It 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 5: What are the legal systems of China, Mainland China, Hong Kong, Macao and Taiwan? Mainland China, Taiwan Province Province and Macau belong to the continental law system, while the Hong Kong Special Administrative Region belongs to the Anglo-American law system! ! ! I hope I can help you.

Question 6: What legal system does the law of China belong to? civil law

Continental law system

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.

Roman law reflected and adjusted the legal relationship between simple commodity production and commodity exchange, which was highly developed in Roman slavery society and maintained private ownership in a complete legal form. In the middle and late Middle Ages, Roman law was widely spread in Europe, resulting in some scholars and officials familiar with Roman law. After the modern bourgeoisie overthrew the feudal system, it completely adopted the system, concepts and principles of Roman law, and modified and developed them to meet the needs of capitalism. 1804, Napoleon personally directed the formulation of the French Civil Code in accordance with the bourgeois slogan of "freedom, equality and fraternity" and the principle of inviolability of private property and free competition, which is the most typical legislation in this legal system. Although the law after the unification of Germany has the nature of feudal remnants, the German-Danish Civil Code of 1896 is more precise and complete in legislative principles and technology, and it is also one of the representative codes of the civil law system.

Commentators have different views on the characteristics of civil law system, which can be summarized as follows: ① Clarify the division of labor between legislation and judicature, and emphasize the authority of written code. Although judges are allowed discretion, and the role of precedents and customs in interpreting laws is also recognized, they generally do not recognize the law-making function of judges, emphasizing that legislation is the authority of parliament, judges can only apply laws, and judgments must be based on written laws, not precedents. (2) More emphasis is placed on the unity of state intervention and legal system, especially in procedural law. For example, many legal acts need to be verified and registered by the state, the procuratorial organs monopolize the right of public prosecution, adopt the trial system, and unify the court system. It is the tradition of Roman law to attach importance to the theoretical generalization of law and emphasize the role of general principles of code. Up to now, the Anglo-American legal system is not as strict as the continental legal system, and the law only focuses on specific provisions. ④ Pay attention to the systematic arrangement of codes, emphasizing the logicality of rules, the clarity of concepts and the conciseness of languages. Of course, these characteristics are only relative.

With the outward expansion of some European colonial countries, the civil law system also extended to Latin America, Africa, Asia and other places. Due to different origins, the civil law system can be roughly divided into two branches: France, Belgium, the Netherlands, Italy, Spain and Latin America. Germany, Austria, Switzerland and Japan belong to the latter. In countries with the same legal system, with the changes and development of the political and economic situation, some countries have great characteristics. For example, Japanese law was greatly influenced by American law after World War II. Nordic Scandinavian countries have some inherent characteristics; The Netherlands has formed the so-called Roman-Dutch legal system.

Question 7: What is the legal system in France? France is a civil law system.

Question 8: What legal system does Taiwan Province Province belong to? Continental law system, Anglo-American law system and continental law system in the world.

Question 9: What legal system does China belong to? China is a legal system with China characteristics, which is based on the civil law system.

Question 10: What legal system does China belong to, and what is the difference between it and continental legal system and 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.