论文部分内容阅读
以现代比较法学的标准来判断,日本属于大陆法系的国家,但日本素来擅长以兼容并蓄的态度吸取外来发达的法律制度和思想,其现行的法律制度就是以大陆法系为建构基础,同时参考了英美法系尤其是美国法在制度层面的一些设计构思,又继承了自身传统的法律特点,兼容三方法律制度优势而逐步演变形成的现代司法制度。日本的司法制度极大体现了东方传统法律文化和西方发达法律制度的和谐交融,是同时具有两大法系特征、别具一格的现代司法制度代表之一。
Judging by the standards of modern comparative jurisprudence, Japan belongs to the civil law countries. However, Japan has always been good at adopting a well-developed legal system and thinking in a compatible manner. Its current legal system is based on the civil law system and its reference At the system level, Anglo-American legal systems, especially the American ones, have inherited some of their own traditional legal conceptions and are compatible with the advantages of the tripartite legal system and gradually evolved into a modern judicial system. Japan’s judicial system greatly embodies the harmonious blending of the traditional legal culture of the East and the well-developed western legal system, and is one of the representatives of the modern judicial system that has both characteristics of the two legal systems and uniqueness.