Comparative Research Of Sino-Russian Legal Culture

This article will compare the legal system of China and Russia from four aspects: legal characteristics,ideology,system composition and the future development of the system.In the course of the historical development of China and Russia,it is not difficult to find that there are four similar stages in the history of the two countries: the origin of history,the period of feudalism,the period of new thoughts,and the period of new stability.At present,the legal system of China and Russia has the characteristics of "transformation",but each has its own characteristics.Generally speaking,Russian law still belongs to the civil law system.While maintaining its own legal tradition,it is influenced by the common law system and began to pay attention to the jury system and the precedent system.The China since the reform and opening up,after nearly forty years of development,has been formed in March 2011,Chinese NPC Standing Committee Chairman Wu Bangguo announced the Chinese socialist legal system,but because of the economic system reform has not been completed,the political system reform into the deep water area,resulting in Chinese legal system is far from "qualitative" state.The socialist legal system China characteristics,is an important part of Chinese socialism,is 60 years China especially the 30 years of reform and opening up economic and social development practice system and law embodied,have very distinct characteristics.It mainly includes the following five aspects:First,it embodies the nature of socialism.The nature of the country's legal system is determined by the nature of a national social system,China is a people's democratic dictatorship led by the working class and based on the alliance of workers and peasants of the socialist country,which determines the construction of the legal system is the inevitable China nature of socialist China characteristics,with Deng Xiaoping theory and "Three Represents" the guidance,adhere to the public ownership as the foundation;Two,it reflects the requirements of the times of reform and opening up and socialist modernization.With the reform,opening up and modernization drive,China's socialist legal system with Chinese characteristics has been accompanied by and promoted by each other.It has distinctive features of the times.On the one hand,the reform,opening up and modernization drive provide internal demand and impetus for the construction of the legal system,and provide practical basis and experience.The more forward the reform and opening up andmodernization drive,the more profound changes in economic and social development,the more urgent the need to improve and perfect the legal system,and the more solid the foundation for the construction of the legal system.On the other hand,the construction of the legal system to provide legal environment for the reform and opening up and modernization construction,actively promote,standardize and guide and guarantee,pay attention to properly handle the relationship between the legal stability and mobility of reform,in a timely manner must have been successful practice,consolidate the achievements of reform and opening-up at the same time,but also leave room for further reform and opening up;Three,reflects the internal unity of the structure and multi-level scientific requirements.Chinese has 56 nationalities,vast territory,huge differences in regional development,in order to make the state law can not only pass the national,and can adapt to the local differences in the needs of the situation,give full play to follow the constitutional principle of local initiative and enthusiasm under the unified leadership of the central Chinese,gradually establish a unified legislation system and hierarchy.China both of the NPC and its Standing Committee have legal,administrative regulations formulated by the State Council,and local people's Congress and its Standing Committee in accordance with statutory authority to develop local regulations,the commander role in this hierarchical system under the constitution,the law is the main administrative regulations and local regulations are detailed and supplementary to national law;Four,it embodies the unity of inheriting China's excellent legal tradition and learning from the useful experience of other countries.On the one hand,Chinese inherit legal culture in composition,adapt to the reform and opening up and modernization needs institutional innovation;on the other hand,to fully absorb the human legal civilization,useful experience from abroad,but it is not a simple copy,but Chinese according to the national conditions and the actual benefits,absorption.Five,reflects the dynamic,open,with the development of the times.Chinese is in the primary stage of socialism,the country is still in the reform and social transition period,the socialist system still need continuous self-improvement and development of the socialist market economic system,there is a process of improving the socialist legal system,and thus reflect the characteristics of Chinese system and specification of this system,it has the characteristics of stability and change,phase and prospective of unity,will meet the needs of the reality and the process of China's economic and social development and the construction of the rule of law and development.The characteristics of the five aspects,as a whole,fully show that China's legal system is a socialist legal system with Chinesecharacteristics,and is fundamentally different from the legal system of other countries." In addition to stressing the " socialist ideology ",Chinese law also emphasizes " Chinese characteristics "".The proposition of "Chinese characteristics" means that Chinese socialism emphasizes individual characteristics and has no universal significance in theory.Compared with Chinese,Russia is completely different,after the collapse of the Soviet Union Russia as its main inheritance,also emphasizes the core role of the Constitution in the whole legal system in domestic law,but the Constitution clearly stipulates the ideology of purpose.The composition of the legal system is a complex concept,and the definitions of countries are often different because of different laws and different national conditions,and it is difficult for scholars to reach an agreement.On March 10,2011 China,chairman of the NPC Standing Committee Wu Bangguo at the Ten Session of the NPC Standing Committee work report pointed out that "the core of the constitution,the laws as the main body,including the administrative regulations,local regulations and other normative documents,the socialist legal system China characteristics consists of seven departments,three levels of legal law the specification has been basically formed." Russia's legal system is related to the federal structure of the country.The Russian legislative system is divided into two parts: the federal legislative system and the legislative system of the joining body.Another important difference between the legal system of China and Russia is that international law has different status in the legal system of the two countries.The fourth paragraph of the fifteenth constitution of the Russian Constitution clearly stipulates that the universally accepted principles and principles of international law and the international treaties signed by the Russian Federation constitute part of their legal system.And,if a domestic law stipulated by the provisions of the international treaties and the Russian government has signed to the entry,contradiction,or even to abandon the domestic law,the applicable national law,which established the precedence of international law principles.The laws of China and Russia have been born out of the former Soviet legal system,and have shown their own characteristics after the change.Chinese law "socialism" ideology,also stressed that "Chinese characteristics",that the tendency of development of law from the former Soviet Union's influence,the legal system is different from the China insisted for half a century before the Soviet model,but also different from the original universal significance of the socialism pattern,more different from the opposite the model of capitalism.After the disintegration of the Soviet Union,Russia has completely abandoned a series of socialist legal theories,and basically adopted the legal theory of the civil law system,and focused on excavating and fusing the national cultural traditions before the October revolution.At the same time,as a civil law country,Russia set up a constitutional court in December 1991 to restrict the rights of the president and parliament.Because of the Constitutional Court of the judicial practice of judicial review,a typical case of the increasingly prominent role in the legal system of Russia,the Anglo American "judge made law" does not exclude the contrary,in recent years has a tendency to pay more attention to the judge made law.As mentioned earlier,China and Russia are in the transition period of social reform,politics,economic structure reform is changing,especially Chinese whether economic reform is the reform of the political system in the deep water area.Because of Russia's shock therapy adopted in the disintegration of the Soviet Union,a thorough reform,the law becomes the mature development and codification of high degree,although the legislative technology and policy orientation is also flawed,but in general the legislative practice and legislative experience has been basically mature.Construct the capitalist law principle and the civil law system suitable for the national conditions,perfect the development on the basis of the existing rule of law,and believe that Russia will eventually build a legal system in conformity with its national conditions in the future.As for Dmitry Geoff said Russia's legal system is in the state of development,is perfect,also need a very long time in the process,until our own that it has to conform to our countries such as Russia and the legal system and the judicial system has to improve Zhenpin concept of time." China's law embodies the color of legislative centralism.Some legal scholars have Chinese" law " is defined as: the law is enacted by the state,and approved by the state to ensure the implementation of the decision by the living conditions reflect the specific substance of the ruling class(or people)will,the rights and obligations as the content,to confirm the protection and development of the ruling class(or people)society the expectations of the relationship,the target of social order and social development for the purpose of the behavior system..And the legislature has the legal system is defined as " a state of all laws and regulations in accordance with the classification of certain principles and requirements for different legal departments and form a unified whole,full of a kind of rationalism legal system in the construction of ideas.Because of the legislative and judicial process in the uncertain factors,this focus on the static level,exclusion of legislative and judicial,international law and other factors,is a simplified,but will complete the value and effect of damage to the legal system.Russia,a series of federal constitutional law through the possibility inthe actually restricted federal subject of independent legal adjustment,and even limit the possibility of federal subject to the special jurisdiction independent object of legal regulation.Although China's legal system has been completed,it still needs to be developed and perfected.The so-called "Chinese characteristic" is still developing,for example,the civil code of China has not been formulated so far.The civil code,as an important criterion to adjust the life of citizens,plays an irreplaceable role in national governance,and is an important symbol of the social structure.Although China adopted the general principles of civil law in March 15,2017,the process is extremely tortuous and it can be foreseen that the codification of its civil code will inevitably undergo complicated process.