How Law is Made and Interpreted in France, China and Indonesia

2652 WordsJul 17, 201811 Pages
Outline How Law is Made and Interpreted in French Civil Law System French Civil Code of 1804 Sources of French Civil Law Doctrine How Law is Made and Interpreted in China Confucianism Legalism How Sharia Law is Made and Interpreted in Pluralist Indonesian System How Law is Made and Interpreted in French Civil Law System The civil law is a branch of private law governing relations between people, whether individuals or legal entities (Sacco, 1991, p.25). It comprises of: 1. The law of obligations (including contract law); 2. The right people; 3. The family law; 4. The right of property; 5. The law of succession. In France, civil law is the set of issues and legal acts which fall within the civil courts (Cruz,…show more content…
It happens to enjoy a de facto position owing to its two functions, both of which are complementary to each other: all the current rules of law are explained by it, are synthesized by it, imperfections are highlighted and solutions are presented, which imparts an improved use of these laws. Secondly, it casts an influence on legislator in the creation of legislation and usage of laws by jurors (Bermann & Picard, 2008, p.268). How Law is Made and Interpreted in China Confucianism The fundamental assumption upon which Confucianism operates is that human beings are generally good. Confucian influence on Chinese society is both a full range of deep-seated, at the moment the legal aspects of the body, that is, the process of traditional Confucian law, since the Western Han Dynasty, "deposed hundreds, Only Confucianism", "Ceremony into law "Confucianism has become the law of the bud, after the Northern and Southern Dynasties development and improvement to the Sui and Tang dynasties" TangLuShuYi "was promulgated, marking the completion of a comprehensive combination of etiquette, Confucianism became the orthodox ideology of feudal law the Chinese legal history into a phase of a landmark. Since then both followed the same dynasty, and later had a profound legal feudal tradition and extensive influence. Today, we still find the shadow from the real life of these effects (Chen, 2007, pp.689). Visible
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