1. There are two main criteria to classify the historical types of the method: first, the nature of the economic base on which the law exists; The second is what the law embodies.
2. The emergence and development of law is the product of the interaction of various social factors, among which the final decisive factor is.
3. Capitalist law, like slavery law and feudal law, belongs to the type of exploiter law and is based on economy.
4. The essence of contemporary socialist law in China is the embodiment of general will.
Second, multiple-choice questions:
1. The division standard of legal history type is ()
A. Historical origin of law
B. External characteristics of law
C. social model
D. Social productivity level
2. In the process of law development, four historical types of laws have emerged: ()
A. The law of slavery
B. feudal laws
C. the laws of capitalism
D. Socialist law
3. The fundamental way to realize the replacement of legal historical types ()
A. Guided by advanced ideas
New productive forces and relations of production are emerging in the old society.
C. Raise people's awareness
D. social revolution
4. The consistency between civil law system and common law system is reflected in ()
A. the classification of methods is the same.
B. Technical consistency of applicable law
C. consistency of basic principles
D. the origin of the law is consistent.
5. Civil law systems usually divide laws into: ()
A. Statutory law and case law
B. Public and private law
C. common law and equity
D. Statutory law and legislation for judges
Third, the noun explanation:
A: Laws are classified according to their historical origins and some formal characteristics. All laws with the same historical origin and the same or similar forms are regarded as belonging to the same legal system.
1. Legal system
A: Also known as the Anglo-American legal system, it refers to the general name of the legal systems of various countries developed from the legal tradition of medieval England. 2. Common law system
A: It is the classification of laws according to the economic basis of their existence and the nature of the national will. 3. Historical types of law
A: It refers to the general name of the legal systems of various countries established by inheriting the tradition of Roman law and imitating the styles of the French Civil Code and the German Civil Code. 4. Civil law system
Fourth, short answer questions:
Key points of the answer: (1) the concept of both; (2) The dividing standards of the two are different; (3) The classification of the two is different. 1. Briefly describe the difference between legal system and historical legal types.
Key points: (1) Capitalist law is based on capitalist private ownership economy, and it belongs to exploiters' law just like slavery law and feudal law. (2) Because the capitalist law came into being and developed under the conditions of capitalist market economy and capitalist democratic politics, many of its principles are of progressive significance. 2. Briefly describe the essence of capitalist law.
Key points of the answer: (1) The concepts of the two: (2) The difference of the origin of law. (3) Differences in legal structure. (4) Differences in legal classification. (5) the difference between the proceedings. (6) The difference of judges' authority. 3. Try to compare the differences between the two legal systems in capitalist countries.