Analysis Of The Develpment Style Of Common Law In England

The common law is one of the representatives of legal civilization of mankind, which, together with the civil law as the most important in today's world the two legal systems. Profound in its content of the common law, judicial skills delicate and praised by people in the world. But our country is civil law countries, the legal experts of concern about the common law and is not high enough, the research on the common law is small, the current confluence of continental law and common law there is a trend, the study for the various systems of the common law the development of rule of law has an important reference. China belongs to civil law countries, the law in our country there is a "legislative centered" bias, which is light weight of judicial legislation, which led to a huge between the legislature and the judiciary out of touch, so that harmony between them through difficult . In addition, it is the nature of the law and legal understanding of the source of ambiguity in the legislation also makes legislators more time to consider the law as a command to deliberately artificial construct, and ignore the law and the formation mechanism of the growth of the original soil. The common law emphasis on justice, the judge found from the real life and create the legal way, on the one hand make the law reflect the principles of justice,to meet people's aspirations for justice, on the other hand to avoid the development caused by the rigid law Law out of touch with real life.This article writing mainly has two goals.First,makes a brief combing to the common law from the historical perspective, excavates the historic condition which the common law forms,and carry on some essential explanations to which make an the important effect on models the common law. The next is to promulgates the growth pattern as well as the legal development characteristic of the Common law from these important factors that composition common law, and pointed out the common law forms how each kind of condition does have the function specifically to the common law development.The birth of British common law has close contacting with the British centralization, it was born in the centralization process; The writ system is core of the common law, it has decided the lawsuit forms of the common law, the lawsuit forms of the common law is the essence of common law, even if in the period that the forms oflawsuit was abolished, it "was still ruling us in the grave". The writ system cause the common law has formed the characteristic that "the procedure prior to the right" , it causes the substantive rules of the common law is seeps from procedure gap of the common law; The jury system was the important guarantee which could win in the competition of the church court and the Local court's , the jury system has eliminated the non-rational gods referee, enabled judge's decision to be able even more with just to tally; "Judge-made law" is most important growth pattern in the common law,with which the common law develops unceasingly. The carrying of "Judge-made law"was under the strict formalism, the precedent principle, the writ system and the jury system have provide a system foundation to it. In addition, the growth of the common law also rely on judge 's fiction and equal.The common Law was rooted from the British common law, and the royal court's system has provided the growth platform for it. Judges were the discovers and declarers of the common law. The "Judge-made law" provided a favorable mechanism for the birth and development of the common law. Britain's traditional common law provided the sufficient resources for the common law development, judge's judicial practice has caused the legal was discovered and declared unceasingly , thus let the common law maintained the exuberant vigor. This article uses the historical analysis and the sociological analysis method conducts the research to the common law, the common law is the historical product, it has inherited the British tradition common law massively, and absorbs the new factor which unceasingly in the historical development in the society appears, makes method the mechanism through judge unceasingly to integrate these factors in the common law.