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下面为大家整理一篇优秀的essay代写范文- Defects of the civil law system，供大家参考学习，这篇论文讨论了大陆法系的缺陷。罗马法在经过两千多年的发展，加上日耳曼人的改造，日渐形成世界最主要的法系——大陆法系。现今世界，大陆法系的国家遍布全球每一个大洲。法律体系的源头是大陆法系，尤其是受德国法律思想的影响，我们的社会主义法律体系很大程度上来说，其实属于大陆法系。因此，从立法、执法与适用上来看，我们都难以摆脱成文法体系的潜在制度缺陷。而且立法程序复杂而且周期较长，很难及时地对社会需求进行反应，导致立法严重滞后于社会发展的速度。

Law is the system construction of human society can from the most primitive ignorance, to now one of the driving force of the height of the civilization, it holds on the heart of fairness and justice, established one after another social system. In these systems have been overturned and reconstruction, and the change of our laws, the Mediterranean coast of the Roman empire to the human society open the window of the rule of law, it changed the habits of the common law, through the formulation and enacted statutes, make laws every citizen can see, and feel its existence. After more than two thousand years of development and the transformation of the Germanic people, the Roman law has become one of the most important legal systems in the world, the civil law system. Today's world, the mainland legal system countries all over the world every continent, such as: China and Japan, France and Germany in Europe and America in Argentina and Mexico, Egypt and Madagascar, Australia, new caledonia in Africa.

In today's world, countries in the civil law system are generally the source of the power of the constitution, thus establishing the authority to decide the legislative power and establishing a complete system of legal departments from the top down. The state formulates clear legal provisions through strict procedures, and then the specialized agencies promulgate official documents and then implement them at home. In the course of execution, the judge can only rely on established provisions to judge the law. There can only be specific application of law to the law. It cannot exceed the existing provisions of the law and act in accordance with established rules. In practice, justice is often placed in the priority position. Although the specific political and economic level of the civil law countries varies greatly, there is a sense of unity in the civil law countries, which is basically the same.

According to historical tradition, the Chinese grammar system was already existed in the spring and autumn period and the warring states period. It was just that the ancient Chinese society paid more attention to the rule of virtue and despised the rule of law, and China's laws became more of a tool for rulers to enslave the people. Until modern times, it was influenced by western civilization that China began to have its own modern legal system and clear legal functions. After the founding of the People's Republic of China, the Chinese people freed themselves from the oppression of three mountains and embarked on the path of independent socialism. However, due to the arduous task of socialist construction, China began to learn from the former Soviet union and established our socialist legal system with the Soviet union. However, the source of this legal system is the continental law system, especially influenced by German legal thought. Therefore, our socialist legal system is, to a large extent, a civil law system. Therefore, from the perspective of legislation, law enforcement and application, it is difficult for us to get rid of the potential system defects of the statutory system.

First, in terms of legislation, the legislation of continental law system countries usually placed in the center of the country's legal system, and our country's highest legislative powers held by the National People's Congress and its standing committee, the complex with a long cycle and the legislative process, it is difficult to respond in a timely manner to the social demand, lead to legislation seriously lagging behind the speed of social development. For example, the food safety law of the People's Republic of China, promulgated in 2009, was made in a rush after a series of major food safety incidents, such as tainted milk powder and cooking oil. China's legislative power is not take western architecture under the mode of judicial independence, separation of powers China legislative power, executive power and judicial power is a unified whole, only auxiliary and restrict each other, and the administrative power to a certain extent, played a leading role.

Second, the enforcement of the law, as the important embodiment of social norms, the law in the life of people to play the role of a "fixed point", make the law of the result of the state ought to be turned into reality. At present, the law enforcement in our country is more or less attached to the baton of administrative power, serving the country's administrative plan and purpose. Law enforcement process, giving enforcement authorities with great power, especially the administrative organ for transcendental power, in specific law enforcement, administrative organs tend to ignore the law program, and prefer to entity execution effect. For example: in order to the city's overall planning of land finance, with the government in recent years, the country is emerging a wave of forced evictions and against demolition, the government and the ordinary households for demolition problem form the stand-off, judicial departments involved in the problem becomes more complicated, the "air floor" abnormality "nail house".

Finally, in terms of the application of law, China has made obvious progress in the application of law after more than 30 years of development since the reform and opening up, but the problems still stand out. State law popularization efforts is not enough, many of the most basic level of people is not very clear, many countries in the protection of citizens' personal rights legislation that makes some people become proud domineering in law enforcement or breaking the law. His companions, some teenagers in order to seek stimulation, invitation to rob people passing by, after being caught thought the money, also can go home for dinner, but they rob is a felony in China, the highest can be sentenced to death. To a greater extent, these problems are also produced in the legal profession of the civil law system, which is far from the ordinary life experience, and its predictability is difficult to achieve. The continental law system is mainly deductive mode in logical reasoning, which is based on the legal provisions and provisions, and then it is judged according to "syllogism". The fact is that although the rationality is high, the level of the judges is particularly high, especially in the logical deduction ability. But man is not everything. There's mastercard in restricted by education background, life experience and so on, different after the judge to determine the same type of cases, the results can be difficult to achieve unification. In recent years, there have been frequent cases of credit card theft, and many cases have been accepted by the court. However, the result of the judgment is different, and different cases of the same case have been criticized. This kind of same case different sentence, greatly damaged the authority of the law, also make people less and less believe the law.

In the face of the mainland many defects in the legislation, execution and apply, we can't just deny the continental law system in the presence of value, should adapt to the reform, to compensate for these flaws, let our socialist legal system is more and more perfect. First of all, according to legislative potential disconnect problem, we can draw lessons from Anglo-American law system countries usually adopt the legislative mode, case law, will judge practice in the formation of the typical cases in daily case, subject to approval by the supreme people's court have legal effectiveness, became a formal flow law, promotion to the nation. Second, in the face of the problem of excessive executive power in the implementation of law, the state must clarify the boundaries of administrative power and practice the promise of "putting the power in the cage". At the institutional level, the real constitutional government should be realized, and the status of judicial power should be improved so that the judicial and administrative authority could further define the boundary and ensure that the judicial branch could exercise its own power independently. Finally, from the perspective of applicable law, at the discretion of the judge must limit, can be the introduction of western jury system, let common people to participate in the process of application of law on the one hand, supervision of the judge, on the other hand to improve the popularity of the law.

It is widely believed in Chinese academic circles that only through reference and integration can the civil law system be perfected. "Rule by law" is a great goal for us, and we will encounter many obstacles as we move towards this goal. But I believe that with our perseverance and hard work, all difficulties can be overcome and all problems can be solved.

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