What are the criteria for classifying legal systems?
1 Answers
The classification criteria for legal systems are relative and comprehensive. Here are the specific details: 1. Reasons for classifying legal systems: Different standards can lead to different classifications, such as by historical type, by legal origin (form), by the relationship between religion and law (religious legal systems and secular legal systems), by region and tradition (Far Eastern legal systems and Western legal systems), etc. Under the same standard, different classifications can be made depending on the main departments being examined. 2. Factors influencing legal systems: There are many and complex factors that influence the formation of legal systems. While legal systems are constrained by the economic base, they are also influenced by non-economic factors, including other superstructural elements. The simplest and most notable characteristic is that civil law systems are primarily based on statutory law, meaning that there is no crime without a written law, and court rulings are made according to written legal provisions. On the other hand, common law systems are primarily based on case law, meaning that when adjudicating a case, reference is made to previous court rulings on identical or similar cases, and the current case is adjudicated based on such precedents.