The Transplantation And Influence Of Civil Law To Africa

Since the 15th century, African countries continued to suffer aggression and colonial plundering from European countries, the civil law countries taking France as representative are carrying out "the direct ruling " on Africa continent. With the European settled on the African colonization, the civil law was also beginning to be transplanted in Africa. Civil law is an important external law in the history of Africa, African law is a customary law of variety ethnic in African or Islamic law and this law has been deep-rooted in the logic of the African people before the arrival of European settlers. There are some differences between civil law and local legal culture of Africa, therefore transplanting civil law in Africa must experience many tortuous. By that various approach of localization, civil law and Africa location law are producing friction ceaselessly, but they are also coordinating in the development process and thus leaving some important impacts on local law. Local law is constantly receiving a new more advanced legal concept, then after independence the laws of some African countries also show the characteristics of the African continental law. It can be said that the aggression of the Europe countries bring in disaster, while also make Africa native law shows a modern trend so that the African people can accept the new advanced legal concepts. Civil law impinged the Africa society and their localization changed Africa tradition law, so the African had to create more law for social development. The beautiful and mysterious land has some special character, on one hand it forms the law early, but also because the various of nations and tribes, there are many customary laws in the African nations on the other hand Africa firstly began to transplant foreign law and make them location, based on those law ,Africa also received a lot of advantages. Civil law countries directly transplant law in the form of legislation , and limit or change the form of the African native law ,also make use of assimilation policies to ensure that the law transplanting can be put into effect. Civil law eventually gradually to be location, successfully bring in some advanced law.This article aims through reproducing the civil law had transplanted and influenced in Africa in the colonial period to macro control this historical phenomenon, discuss this impaction of transplantion and historical significance to the Africa, and thus draw some enlightenment in law construction road, in order to provide some reference experiences for China to explore them law.