Apparatus between new course development and the American continent of invention, the interaction of the continents are becoming more and more frequent, regional differences between judicial contact also continuously enhanced, many areas involved in by European countries colonial in expanding the judicial changes among and judicial history of the world step by step into a stage dominated by the East. From the beginning at the end of the 15th century, Spain, Portugal, France and the Netherlands Europe land of Romano Germanic law system country live around the world stop colonizing expanded, and in the colonial near a judicial performance, slowly from Europe in the land and extended to the Americas, Africa, and Asia in many countries and regions, the size of the Romano Germanic law system. Followed the European countries later, Britain also gengxu foreign colonial near to expand, snatch across global overseas colonial, English law was forcibly practical in the colonial, thus constituting a basic common law in England common law. Tomorrow, many parts of the world are under the influence of Rome justice from continental Germanic law and British common law system. In order to more clearly to understand the history of the growth of human judicial influence this profound process, so as to better understand tomorrow the world justice format, we have need hard before carding colonial country judicial evolution clue. Colonial movement scale, former colonial countries for the vast number of. The focus of this study is Philippines Spanish colonial era. The history of research from the judicial point of view, Philippines is a very strange country. In the history of late, when justice in most parts of the islands has not come, here on the beginning of foreign colonial. Nearly four centuries from 1565 to 1946 in Philippines, Spain, the United States experienced before and after colonization, it is thought to be the Oriental civilization color most concentrated in Western countries. Colonists followed the arrival and their judicial is also practical in here, involved in the Spanish law and American Law in the islands of the country before and after, tomorrow the Philippine law is Romano Germanic law system and the common law that two of the eve of the Oriental law each other fusion hybrid. From the Philippine law historical evolution process and tomorrow Philippine law of, Spanish colonial near islands of the times practical judicial rail system in the history of justice of the Philippines growth occurred Jiuchang, laid the foundation stone of tomorrow Philippine law basic. Study Spanish colonial era Philippine law, can we understand colonizing movement and Oriental Law spread, east two of the eve of the law of development provide some detailed information, customer indecent familiar and evaluation of the judicial development history has sponsored. Before the arrival of Spanish, Philippines islands of the central and northern regions in the late primitive society, no country has emerged, there is no justice, traffic is from generation to generation habits. The southern part of the social development degree is high, constitute some Muslim countries, in the "Koran" as the basic judicial sources of Islamic law in the practical side. In the early part of the 20th century, in the Philippines emerged two is thought to be the statute law in pre Hispanic times, namely the code of Karan Theo and Mara Freitas code. " But later through study and discuss for the United States William Henry Scott taught, they in the history of legal system in the Philippines are not once truly exists. The Spaniard leave the islands, in the Western colonies for a long legal support. In overseas colonial expansion process, Spaniard colonial in the Philippines later than America, Philippines administration also long-term attached belongs to the American viceroy of New Spain. In Philippines, the colonies cited legal system the Spanish American colonies have. But with the situation in Philippines, the Spanish authorities also announced some special legislation. One is on the eve of the sail commercial legislation. Philippines lacks maintain colonial living gold, spices and other materials in the premise, its colonies are also the most remote. In order to maintain colonial livelihoods and between the suzerain and adhere to solid contact, Spanish in Acapulco, America in Manila, the Philippines, establish a sail of the eve of the business. The business situation the Philippine and American New Spain and on the Iberian Peninsula suzerain approached up, keep the colonial living American silver. But it also inspired between Philippines and the American colonies, and the Iberian sovereign merchant's conflicts of interest groups. To this end, the Spanish authorities established a series of big business to sail judicial regulation, the legislation of the Spanish colonial era Philippines peculiar part. Chinese is a colonial economic career as a group of people lack of the Ephesians, the eve of the Manila sailing commercial and Colonial Spanish daily life all cannot do without their contribution. They are also in Philippines and in the China God enlightenment spread God have important role. But Philippines sparse Spanish colonists, led to increasing the number of Chinese fear unceasingly. In Spain, the Chinese authorities to formulate legislation on the one hand to touch the need to ensure the supply of Chinese, so that it can be cast in colonial influence. At the same time, and the need to limit, to ensure that the Spanish colonies and peace. In view of social development in different regions and islands of judicial state differences, the Spanish colonization of islands around the judicial evolution is different. Before the arrival of the Spaniards, the Philippines central and northern region is still in the stage of primitive society, Spanish colonists arrived not only quickly occupy the in this region, the judicial system did not encounter too much to resist entered here. Although the native original habits department is preserved, but this area is Spanish brought practical fundamental justice. And the southern islands at the time of the arrival of the Spaniards had been emerging countries, there has been no complete under Spanish rule, so local original Islamic law persists, and justice in the Midlands and the north of the parallel growth. South and central and north of justice are different, the parallel growth situation directly affects the former Philippines law format. Beginning of the Bourbons in the 18th century after the Spanish rule, of Empire in all respects to stop the transformation, the Spanish long-term implementation of the colonial nearly rule method generates a big change. It carried out a series of economic reform measures, to promote the economic growth in Philippines, in order to make it slowly free of attachment, Royal subsidies achieve economic self-sufficiency. These include establishing the tobacco monopoly, the creation of reform and opening up of Manila port company Philippines wang. In order to carry out the transformation, the Spanish royal family and colonial authorities have announced a variety of rules. In nineteenth Century, Spain gradually completed the task of making the law of. Subsequently, the Spanish civil code, the penal code and commercial code and procedure code also extend the utility in Philippines. The introduction of these codes is on eighteenth Century after Spain and Philippines local colonial political and economic changes in response. Followed the signing of the stop of the 1898 Spanish American War and the Treaty of Paris, the Spanish rule in the islands stopped, but near the Spanish colonial era the judicial system did not this in the Philippines dies. The west after the battle, Philippines has become the American colonies. In view of the Spanish Philippines colonial near long-term and practical method of actual, Spain substantive law under conditions are inconsistent with the law of the United States the basic principle of the licensee sustainable utility. But the French Spanish colonial era law because of cumbersome and time-consuming, lack of fairness, is to follow the law to formulate new litigation law instead of. In 1946, when the Philippines eventually stopped nearly four centuries the alien rule gained independence, because long-term Romano Germanic law and common law of phase infiltration, its judicial system has become the east two of the eve of the law with bred hybrids. Western Spanish colonial time is near Philippine island of practical judicial system, in the history of justice of the Philippines growth occurred in the life-long effects, the foundation of the tomorrow Philippine law basic. Oriental legal system of colonial original nearly habits or instead of the judicial process is the process of a violation of the colonial national will, bring them huge damage, colonial judicial or habit is to fall to the existence and development space and opportunities. Oriental colonists ruled after the cessation of the judicial system of their continued in the colonies become practical, the colonists left the colony in a major heritage. But the judicial system of these former colonial countries and the judicial system of the East is abnormal but often only has the similar shape and the lack of the essence. 目录: |
