On the foreign legal history in our country the status of legal system
Paper Keywords: Status of Foreign Legal History Legal System
Abstract: Foreign Legal History and Legal History of China, as in our legal disciplinary system is one important basic course.
Legal system and other social phenomena, have their own generation, the development process and the Law. Therefore, for any kind of legal system, should put it on a certain historical conditions, the historical analysis. As Lenin that examine the issue as the most reliable, most essential, most important thing is not to forget the basic historical ties each question to be investigated to see how a phenomenon in the history of production, which in development after the main stage, and according to its this kind of development to examine how this thing now.
Discipline in the legal system, foreign legal history with the various branches of Law such as constitutional Law, civil Law, criminal Law, procedural law, international law and other relations, history and reality, the relationship between general and special. Today's law is the law yesterday development and continue to, in order to better understand today, it is necessary to yesterday. Therefore, each department has its own special legal history, its mission is to clarify the basic elements in their respective fields, principles and systems and their occurrence, development and change specific laws. However, foreign legal history is different from the history of these professionals, it is not a simple history of the various legal departments put together, but from all areas of the law on the whole the basic content of principles and systems Research, suggesting that they were in different shown on the historical stage of the different characteristics of their mutual influence and ties to the legal department for each special study of the history, you find a basic clue. No doubt, the department will keep the history of law professionals in their own Research to enrich the foreign legal history.
Basic theory of foreign legal history and law have a direct and close relationship. Basic theory of Law and Legal History Department of Law under the provision of materials, the history and reality, abstract, summarize the generally applicable legal concepts, principles and laws. The study of foreign legal history must be Marxism-Leninism on the basis of legal theory, the Basic theory of law must also be rich, based on specific facts. Engels once said that transfixed the starting point of the study, but its end result. The application is transfixed in nature and human history, but abstracted from them, not to adapt the principles of natural and human, but only in principle for the case of natural history is correct. This brilliant exposition, explained scientifically the relationship between history and theory. Foreign Legal History and Law of the relationship between Basic theory.
Foreign legal history and the history of Western legal thought the link is the link between thoughts. The legal system to create, often reflects the development of the theory of some legal thinkers and ideas, and a certain period of the emergence and development of legal thinking, but also from the the legal system does not open the test of practice. this example, is common in history.
Foreign Legal History is a basic content of the study of foreign legal systems, the basic characteristics and development of rules and disciplines, in the creation of human society to absorb and learn from all the countries in the world civilization and legal system building experience, a great "use of force" place:
First, it as a guide to the basic principles of historical materialism, suggesting that the history of the emergence of various types of legal systems, development and change the law, demonstrating a foreign legal history through the ancient and modern development of the colorful and lively history blueprint to open people's horizons, to inspire people to enhance awareness of the Marxist theory on the understanding of the law, a correct understanding of the law of this social phenomenon, firmly establish the legal concept of Marxism.
Second, it can help people from the legal system has evolved and changes in the causes and outcomes, the system summarizes the previous ruling class, the experience of the use of rule of law enforcement, from comparison to identify, critically utilization and absorption, "historical, foreign "in order to facilitate building China into a socialist country ruled by law.
Third, it introduces a whole and the specific impact on the world some of the legal system and principles of the foreign legal Research and provide the latest information on the legal system to enable us to know ourselves, in its foreign relations more effectively safeguard the interests of our people, speed up the legal system of legal science and the pace of reform and construction. Links http://www.hi138.com Research Papers Download
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