Which foreign legal systems have implications for the construction of democracy and legal system in

Basic features of the modern Western legal system:

1. At the level of the national power structure, adhere to the checks and balances of power and the separation of powers.

2. In terms of legal content, pay attention to the protection of individual rights.

3. In judicial practice, adhere to procedural fairness and the presumption of innocence.

4. Essentially serving the interests of the bourgeoisie.

The legislative process of the common law is as follows:

At regular intervals, the Royal Court appointed its judges to make roving judgments, and their decisions were based primarily on the customary laws and customs of the locals, as long as they did not contradict the King's legislation.

After the judges had completed a circuit judgment, they gathered at the Supreme Court for a summary meeting, and each of them presented his own precedents for discussion. The jurisprudence that everyone agrees on will be established as law. Throughout the country.

The modern Western rule of law emphasizes the supremacy of individual rights, and believes that the public power of ** is that individuals transfer their personal rights to ** through the form of social contract.

The legal system in the West is divided into two major schools: common law (common law system) and civil law system (civil law system). The main difference between them is the form of legislation.

English law is the origin of the common law system, and it is characterized by "following precedent", so it is also called case law. English law is divided into two categories: common law and equity, and it is interesting to see how these laws and regulations are formulated.

The Constitution is the supreme law of the state, and no other laws or decrees may contradict it, and all organs, organizations and individuals must take it as the fundamental norm for their activities;

Everyone is equal before the law, which requires the state to treat social organizations and individual citizens equally, and at the same time, any political subject, including the state organs themselves, will be punished by the law once they violate the law;

Laws made by the State must be good laws, i.e. laws that protect the rights of citizens and may not deprive anyone of their rights and freedoms without due process of law;

The powers of all state organs must be granted by the Constitution and laws, and the establishment, reorganization and dissolution of state organs must be carried out in accordance with the provisions and procedures of the relevant laws, otherwise, they will not have legitimacy, and at the same time, the powers must be exercised in accordance with the law, and the political governance of state organs and their own operations should be carried out in accordance with clear legal provisions, not temporary will;

Judicial independence requires the state judiciary to maintain a relatively independent and transcendent position in the entire system of state power, as a basic guarantee for the authority and effectiveness of the law.

The basic principle of the essence (substantive value) of the rule of lawTherefore, the substantive basic principles of China's rule of law include: the principle of freedom and survival, the principle of security and welfare, the principle of democracy and equality, the principle of public and humanitarianism, the principle of fairness and justice, the principle of peace and development, etc., which are also the values and goals to be achieved by the rule of law in China.

First, the rule of law is not only an institutionalized model or a model of social organization, but also a rational spirit and cultural awareness.

Second, the rule of law, as a basic pursuit and aspiration of human beings in a given society, constitutes the basis of the order of industrialization and democratization.

Third, the most important meaning of the rule of law is that the law has the power to regulate and adjudicate people's behavior in the highest and ultimate sense, and the law is not only the ultimate guide for citizens' behavior, but also the only criterion for judicial activities.

The advantages of China's national system and legal system are mainly manifested in the following four aspects:

First, uphold the party's superiority.

Second, it is necessary to ensure the advantages of the people being the masters of the country.

Third, it is necessary to uphold the advantages of comprehensively governing the country according to law.

Fourth, the advantages of practicing democratic centralism.

Fierce. Basic Explanation:

1.Stern and strong.

2.It's harsh, it's severe.

3.Still violent. Momentum and power.

Antonyms: gentle.

Soft. Downy.

Summary. Hello Kiss is happy to answer this question for you.

The main thing is to strengthen the building of democracy and the rule of law, truly govern the country according to law, use power for the people, and gradually realize the transformation from the rule of man to the rule of law.

What enlightenment can you draw from the construction of democracy and rule of law in China and abroad?

Hello, the dear destroys the leakage and is very boring, and I am happy to answer this question for you. The main thing is to strengthen the building of democracy and the rule of law, truly govern the country according to law, use power for the people, and gradually realize the transformation from the rule of man to the rule of law.

respect for different political civilizations; Starting from the national conditions of this banquet, choose the appropriate form of government, and you can't copy the model of other countries; We should carry out the reform of the political system and strengthen the building of democracy and the legal system.

I hope mine can help you

Legal analysis: "integration of civil and commercial law" and "separation of civil and commercial law" are two legislative forms or codification models aimed at dealing with the relationship between civil law and commercial law. The formation of different mold seepage first types has its historical background and conditions at that time; Different countries in the same period, a country in different periods, and different forms of legislation, are determined by various factors such as history, legal culture, and so on.

Weighing various factors, China has adopted the form of "integration of civil and business" and prudent shouting wisdom.

Legal basis: Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.

The restriction on the application of foreign law in the application of law in foreign-related contractual relations is that the parties to a foreign-related contract can choose the law applicable to the handling of contract disputes, unless otherwise provided by law. If the parties to a foreign-related contract do not choose, the law of the country with which the contract has the closest connection shall apply.

The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign contracts for cooperative exploration and development of natural resources performed within the territory of the People's Republic of China.

Article 464 of the Civil Code.

A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship. The legal provisions on the status relationship shall apply to agreements related to status relationships, such as marriage, adoption, and guardianship; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Article 467.

For contracts not expressly provided for in this Part or other laws, the provisions of the General Provisions of this Part shall apply, and the provisions of the most similar contract in this Part or other laws may be applied by reference. The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign cooperative exploration and development contracts for natural resources performed within the territory of the People's Republic of China.

The rule of law, also known as the "rule of law", refers to a principle of state organization that legalizes and institutionalizes state affairs in accordance with the requirements of democracy and manages them strictly in accordance with the law. Its core content is: to organize and govern the country according to law, to be equal before the law, and to oppose any organ, organization or individual enjoying privileges outside the law.

1) The Constitution is the supreme law of the state, and no other laws or decrees may contradict it, and all organs, organizations and individuals must take it as the fundamental principle of their activities;

2) equality before the law, which requires the state to treat social organizations equally;

3) Laws enacted by the state and individual citizens, as well as any political subject, including the state organs themselves, will be punished by the law once they violate the law; The law must be good law, that is, a law that protects the rights of citizens and does not deprive anyone of his rights and freedoms without due process of law;

4) The powers of all state organs must be conferred by the Constitution and laws, and the establishment, reorganization and dissolution of state organs must be in accordance with the norms and procedures of the relevant laws, otherwise, they will not have legitimacy. At the same time, power must be exercised in accordance with the law, and the political governance of state organs and their own operation should be in accordance with clear legal provisions, 5) judicial independence, which requires state judicial organs to maintain a relatively independent and transcendent position in the entire system of state power, as a basic guarantee for the authority and effectiveness of the law.