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The civil law system refers to the laws of various countries on the European continent that are derived from Roman law and represented by the French Civil Code of 1804. Therefore, the civil law system is also called the Roman law system or the civil law system. In 1896, the German Civil Code was based on the German Civil Code, which was later imitated by some countries. Therefore, the civil law system is also called the Roman-German law system. Belonging to this legal system, in addition to France and Germany, there are laws in Austria, Belgium, the Netherlands, Italy, Switzerland, Spain, Japan after the Meiji Restoration, and some French-speaking countries or regions in Asia, Africa, and Latin America. ^[1]

Civil law system

The civil law system refers to Roman law on the European continent.

1. From the historical origins of law, the civil law system is

1. Diversified legal sources for adjusting marriage and family relations

The traditional civil law system takes the codified statute as the most important legal source for adjusting marriage and family relations, but today the diversification of legal sources has become a development trend. The law regulating family relationships is a normative system and is no longer limited to the provisions of relatives in a civil code. Human rights law, relatives of the civil code, separate regulations, and jurisprudence and interpretation of federal courts are all important sources of adjusting marriage and family relations.

The European civil law countries recognize the rights of marriage and family as basic human rights. The development of constitutions and basic law principles and concepts related to marriage and family relations is the legislative basis and legal basis for the change of kinship law. European human rights law has been converted to Domestic law can be directly quoted. The principles of protection of marriage and family, the principle of equality between men and women, the principle of non-discrimination, and the principle of the best interests of the child have been internalized into the specific provisions of the laws of relatives and related laws and regulations in various countries. In addition, separate regulations are also an important source of adjusting marriage and family relationships. Special legal relationships or special issues that need to be resolved through separate regulations can be resolved through separate regulations. For example, the "Marriage Law and Family Law Reform Law No. 1" promulgated in Germany in 1976 set up a special family court to govern family matters. The Living Partner Registration Act, promulgated in 2000, stipulates that homosexuals can be registered as living partners through registration and have a legal status similar to marriage. The jurisprudence of higher courts, especially the Supreme Court, is gradually becoming one of the sources of civil law family law. Decisions made by higher courts, even in isolation, are always awesome. In the development history of the German Civil Code, judges have played an increasingly important role in the continuation of the law through case law. What is understood as case law are those legal rules that have been developed by the courts in the process of interpreting and applying the law and can serve as the basis for future adjudication.

(2) The patriarchal-led family model fades out of the historical stage

Since the beginning of the 20th century, as the concept of human rights entered the constitutions and kinship laws of countries in the civil law system, the principle of gender equality and the best interests of children have become important guiding principles of kinship laws in various countries. traditional

The legal systems in use around the world can basically be divided into two categories: civil law systems and common law systems. The Mainland of China used the civil law system. The civil law system, also known as the Roman law system, the civil law system, the Codex law system, or the Roman Germanic law system, is a legal system established in the style of the French Civil Code and the German Civil Code, following the tradition of ancient Roman law. . The laws of continental Europe, Germany, Italy, the Netherlands, Spain, Portugal and many other countries in Latin America and Asia belong to the civil law system. Hong Kong and the Commonwealth countries use the common law system, also known as the British law system, common law system or case law system. The main differences between the two legal systems are:

The criminal theory system of the civil law system

First, the sources of law are different. The civil law system is a statutory law system. Its laws exist in the form of statutory law, that is, statutory law. Its legal sources include various normative legal documents formulated by the legislature, administrative regulations issued by administrative agencies, and international treaties to which the country is a party. It does not include judicial precedent. The legal source of the common law system includes both various statutes and jurisprudence, and the case law constituted by jurisprudence occupies a very important position in the entire legal system.

Second, the legal structure is different. The civil law system inherits the tradition of ancient Roman law, and is accustomed to the code system to make a unified system of regulations for a certain legal department. The code constitutes the backbone of the legal system structure. Common law systems rarely drew up codes, and used the singular method to make specific provisions on certain types of issues. Therefore, its legal system was developed with the singular method and case law as its main structure.

Third, judges have different powers. The civil law system emphasizes that judges can only use the provisions of statutory law to try cases, and judges' interpretation of statutory law also needs to be strictly restricted by the statute law itself. Therefore, judges can only apply the law but not create the law. Common law judges can use statutes or existing jurisprudence to try cases, and they can also use the techniques of legal interpretation and legal reasoning to create new jurisprudence under certain conditions, so that judges not only apply the law, but also Create laws within limits.

Fourth, the proceedings are different. In the civil law system, judges are the focus, judges' functions are prominent, and they have the characteristics of interrogation procedures. Moreover, judges and jurors jointly form courts to try cases. Commonwealth law proceedings focus on the plaintiff, the defendant and their defenders and agents. The judge is only the "arbiter" of the dispute and cannot participate in the dispute. A jury coexists with this adversarial (also called defense) procedure The system, the jury is mainly responsible for making de facto conclusions and basic legal conclusions (if guilty or innocent), and the judge is responsible for making specific legal conclusions, that is, judgments.

Fifth, the legal classification is different. The civil law system generally divides law into public law and private law, but the common law system does not make such a distinction. The common law system mainly divides law into substantive law and procedural law. The differences in classification methods have fundamentally different ideologies for the formulation of laws.

Sixth, the legal terminology is different. The legal terms of the two major legal systems have many concepts that cannot correspond to each other. Even if there are legal terms with the same nouns, their meanings will be very different.

In addition, there are many differences between the two major legal systems in terms of legal education, recruitment of judicial personnel, and the judicial system.