Considering the legal systems of our time in one of legal disciplines, particularly textbook authors, teachers, practitioners have in mind, of course, of having the place to be at any point of the world.IeIt covers not only the legal system of Russia, but the systems in the individual countries of the Earth.
Today, there are two in some way competing system.They were the most effective, affordable and widespread Romano-Germanic and Anglo-Saxon.Sometimes along with them, and called socialism, but many historians argue that a social system is a transitional stage from one system to another.
legal systems of today have their own drawbacks and its advantages.Sometimes the first outweigh the latter.Moreover, one and the same system in different countries can be developed in different ways in respect of some elements of the faster and slower than the other.
Each system includes as separate elements, not only acts, methods pravoosuschestvleniya, but also the sense of justice of citizens.The similarity between the individual elements of a just and allow the system to include a certain "legal family".
course, modern legal systems have their national and historical features.This is evident from the name of the principal legal "families."
continental system
Russian legislation referred to as "family" Romano-Germanic or continental (as it is called) system.They share the same legal basis for the countries of Europe, Japan, Latin America and China (in part).The main feature of this system is the recognition of inviolable human rights (the Constitution) and the allocation of the obligations of a citizen to his country.It is based on the postulate of Roman rule, well modified at universities in Europe.The rule of law is established by a number of codes, but has greater legal force Constitution.It is based on it being built and changed all the laws in the country, as it contains the right of a citizen as the supreme value of the state.The similarity of the Constitution, there are other countries with a continental legal system (for example, the Declaration of Rights in the European Union).
second feature "family" - the separation of the social and private (introduced the concept of municipal and private property).It is no secret that there are situations when the public and the interests of the individual are closely intertwined.And often the law can be interpreted in favor of the society and for the benefit of the citizen.But the judicial system allows you to parse, to resolve each case and, if necessary, make changes to the Code of the Russian Federation: general (such as a civilian) and special (housing, family, etc.).
Of course, the legal systems of the world were improved: there were laws on intellectual property and other, which was not originally.
Anglo-Saxon system
Another common system is the Anglo-Saxon: the United States and the British Commonwealth (Great Britain, unlike other European countries, Canada, New Zealand, Nigeria, Australia and others).The basis of the system laid down federal structure of the colonies: the centralization of power.Edit, the Anglo-Saxon system has incorporated the main concept - justice.To act according to conscience - such a principle, it would seem, could not solve the main problem of the continental system - dissatisfaction with the parties due to differences in the interpretation of the law.The principle is valid to this day: when the law is powerless to apply fair (again a subjective point of view of the court) measures.However, only in respect of private property, contractual relations, judicial penalties.And only on the basis of common legal standards.
concept of private in the Anglo-Saxon system is much broader, and hence fewer differences among citizens.For example, privately considered the rights of both companies and individuals (the principle of fairness, "there").
So, historically the principal legal systems of today differ in important ways to meet human rights.And as far as justice fails to reach that goal - it's hard to judge, living only on one system, not experienced the effect of the other.
In conclusion, it should be noted that the legal systems of today can have a different kind: the more specific "narrow" shape (Muslim law, Jewish, etc.), and international scale (as an example we can take the European Union and the Declaration onHuman Rights).
