Continental legal system
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en asylum seeker makes whatever contradictory statements in the proceedings, the statute empowers the administration to deny their credibility and to refuse the status of a refugee. : In Switzerland, there was no constitutional guarantee of court protection in all cases in which rights might be violated. It took the Swiss development of administrative law a long time to adapt to the modern requirements of a general protection against misuse of administrative powers and general right to have access to a court with regard to administrative disputes. : When a couple of years ago, the security council in Turkey decided to put Kurdish members of parliament in jail, one of the defendants was accused of having contacts with the PKK in Syria. He pretended that all telephone calls were made with his son, who is studying in Syria. He proposed witnesses to prove that this fact is correct. The court refused this evidence, on the ground that it does not need further evidence as it believes to its secret services. This is typical procedure based on the inquisitory system contrary to the adversary system. Relationship Between Citizens and the Civil Service the continent, the courts had never been given the power to order or to prohibit special measures or activities of the civil servants. The authority of the state could not be sued in a traditional private law court except for damages if the authority acted as a private person. Even today, the administrative courts can not issue any order to a civil servant or a public body. are still perceived as subjects of the administration However, today, the main principles to be observed by the administration in the common law and in the Continental Administrative Law courts have developed in quite a words direction, due to major international human rights documents. Concept of Police The police as the prolonged arm of the executive have much more powers with regard to the subjects then in a common law tradition. It can arrest, investigate, and use force according to its own assessment of the situation. It does not need a court decision in order to arrest people or to use force. In many civil law countries the right use of weapons by the police is regulated either by interior directives either by the special statutes on the police. Concept of Criminal Cases basic difference between procedures is the totally different approach to fact finding. system of the finding of the facts The continental law system is based, for criminal trials and also administrative decisions, on the idea that the administration and in particular the prosecutor are defending the higher state interest. As the defender of public interest, he/she should have special status as plaintiff in the proceedings, privileged with regard to the status of the defendant. As the protector of the public interest, the prosecutor has to include in this public interest also the interest of the defendant. Thus he should have already established the facts before the trial which then can be reviewed in the proceedings before the court. This concept of fact-finding by the state prosecutor is called the inquisitory principle. Additionally, the prosecutor can not on their own decision abstain from the prosecution of a specific crime. All crimes are to be officially prosecuted. Thus the prosecutor can not propose either a deal with the defendant to release him or her if he/she accepts to be a witness in another case or threaten the defendant with high punishment if he/she does not confess the facts according to the assumption of the prosecutor. Based on the credibility the law gives to the prosecutor as protector of the public interest, the procedure provides more or less privileges to the plaintiff representing the state in criminal procedures. However, the European Convention on Human Rights has provided some basic principles which have substantially improved the right of a defendant in a criminal and in some instances also in an administrative law case. European Court of Human Rights: European Convention on Human Rights provides a general right to have access to the court in all cases in which civil rights have been violated (art. 6). Concept of Legal Education Continental European law schools have to teach the students, what the law is and how they can find the law with regard to concrete cases. The party, which is in its rights, should win the case. Thus the rules of the procedure before the court have to help the judge to find justice and to let those parties who are right win the case. Justice is not considered as a result of the case but as the source of the rights to be found by the judge.
Conclusions
German legal system includes such countries as France, Germany, Austria, Belgium, Holland, Denmark, Spain, Iceland, Italy, Portugal, Norway, Luxembourg, Monaco, Sweden, Switzerland, Finland. All East European countries, former socialist, come back to the given legal system, understand perfection of the given system and its centuries-old history.
It is possible here to carry the countries of Latin America. As to the majority of the countries of Black Africa (the former colonies of Belgium, Germany, Italy, Spain, Portugal and France), influence of this legal family has concerned them also. Influence of the Roman-German legal family considerably and in the Asian states, for example in Turkey.German legal system - a majestic building, erected the European science - aspires to show to lawyers of the purpose of their activity, the dictionary and methods, to focus them in search of fair decisions. These characteristic features of the Roman-German legal system are especially interesting for noting presently when we again began to speak about Europe and about the European right. Romano-German the legal system has united the people of Europe, respecting thus and distinctions existing between them without which Europe wouldn't be what it is, and that what we want it to see.this course work I observed civil law system, its peculiarities, found the most optimal definition of civil law system, considered the historical aspects of appearance and development of the continental law system, distinguished its main features, examined its structure, subgroups, concepts and other general characteristics of the civil legal system and made an informative and constructive conclusion.
Bibliography
1.Dавид Р.Жоффре-Спинози К.Основные правовые системы современности,1997, 420с.
. Основы государства и права, В.А. Ржевский, Ростов-на-Дону. Феникс, 1995 , 512 с.
. Матузов Н.И., Малько А.В. Теория государства и права. М.: Юристъ, 1997, c328
4.Webster's New World College Dictionary , Wiley Publishing, Inc., Cleveland, 2010, 532p.
5. "CIA - The World Factbook," retrieved on 30 November, 2010
. Civil law (Romano-Germanic)". Encyclopdia Britannica., 2008
. "CIA - The World Factbook," retrieved on 30 November 2010
. "Glossary of Legal Terms", 12th District Court - Jackson, County, MI, 12 June 2009
. Neubauer, David W.,and Stephen S. Meinhold. Judicial Process: Law, Courts, and Politics in the United States. Belmont: Thomson Wadsworth, 2007, pg.28.
. Law Encyclopedia , article Roman Law and Its Influence, Oxford, 2002, p395
. Zhidkov O. A., History of the bourgeois right. М, 1971, 216p.
12. Badr, Gamal Moursi (Spring, 1978), "Islamic Law: Its Relation to Other Legal Systems" , The American Journal of Comparative Law (The American Journal of Comparative Law, Vol. 26, No.
. Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24-25, 1977, 24p.
14. Дусаев Р.Н. Основные правовые системы современности. Учебное пособие по теории государства и права. М.:Юристъ, 2000г.-398с.
15. Саидов А.Х. Введение в основные правовые системы современности. Ташкент: Фан, 1988, 467с.
. Кнапп В. Крупные системы права в современном мире. М., 1978, 356с.
. Бабаева В.К., Теория государства и права: Учебник, Юристъ, 2002г.- 592с.
. Марченко М.Н., Правовые системы современного мира, М.: Зерцало - М, 2001г.- 400с.
. Лазарев В.В., Общая теория права. - М.: Манускрипт, 1994г. - 396с.
.Skakun O.F. Theory of government and law, Harkov KONSUM 2000, 576p.
."How the Code Napoleon makes Louisiana law different". LA-Legal. Archived from the original on 2006-10-31., 43p.
22. Louisiana detailed state guide , Louisiana - Judicial system, Copyright 2010 Advameg, p. 24
.Civil Law". Microsoft Encarta Online Encyclopedia 2009, p.31
. Tip Sheet (Summarised Version) Common Law and Continental Law, Violaine Butty, Thomas Fleiner, Fribourg, 2005, 20p.