Comparative Legal Systems

Question 1

What is the European Civil Law System?

Answer 1

European Civil Code and Parliamentary statues that expand and interpret laws are the sole source of law in most civil law countries.

Question 2

What is the United States Anglo-American Legal System?

Answer 2

The constitution is the supreme law of the country. There are three arms of Government:
1) Legislative through congress who have the power to enact laws.
2) Executive through the President who has the power to enforce laws.
3) Judicial through the Courts who have the power to interpret and determine the validity of laws.

Question 3

What is the Japanese Legal System?

Answer 3

Legislature is the only body that has the power to enact laws, forgery is likely as stamps are used instead of signatures, doctrine of precedents is not followed.
1) Summary Courts.
2) District Courts.
3) Family Courts.
4) High Court.
5) Supreme Court of Japan.
6) Three-tier Court System for criminal cases - district - high - supreme.

Question 4

What is the Chinese Legal System?

Answer 4

Socialist law derived from the Soviet Union, civil law system consists of statues, administrative rules, and regulations. Supreme Court of China issues judicial interpretations which all lower Courts must follow. There is fast evolving legislation.
Pyramid Court System:
1) The PRC National Supreme Court in Beijing.
2) The Higher Peoples’ Court in each province/city under direct Governmental control.
3) The Intermediate Peoples’ Court in every major city.
4) The Local Peoples’ Court in various counties.