Russian legal system

Russia is the legal successor of the Soviet Union. After the current constitution was adopted in February 1993, the current legal system was gradually established. The characteristic of this legal system is that it not only draws lessons from the specific legal systems of constitutional countries in Europe and America, but also retains its own legal and cultural traditions of 60%-70%. Because China and Russia used to have the same or similar legal systems, they are now in the period of economic system reform and are facing the same or similar economic and social problems. Because the reform in China and Russia has the problem of "crossing the river by feeling the stones", and the reform in Russia has been ahead of us, so the Russian legal system should be our concern. A timely and in-depth study of the current legal system with the Russian Constitution as the core is of great reference value to China, and is of great theoretical and practical significance to exploring the feasible scheme of establishing socialist constitutionalism in China.

This research direction occupies a leading position in the research field of Russian Constitution in China. Its main performance is as follows:

The books and papers published in this research direction rank among the top of similar universities in China in quantity and quality. For example, the research direction has independently edited and published 6 monographs in the field of Russian constitutional studies, participated in editing and publishing 5 textbooks and monographs edited by the state as part of Russian writers, and published nearly 100 papers and articles. Among them, the more important ones are: the 280,000-word monograph The Reasons and Lessons of Su * * * Losing the Ruling Position (National Defense University Press1February 1996), the 420,000-word monograph The Constitutional System of the Russian Federation (Law Press1September 1999), and the 550,000-word monograph Russia.

The leading position of this research direction in Russian constitutional research has been recognized by research institutions and universities. For example, the central state organs, the Institute of Law of the Chinese Academy of Social Sciences and some key universities in Beijing often ask Xiangwen liu to undertake the task of compiling Russian or Soviet parts when compiling monographs, textbooks and dictionaries compiled by the state. Another example is that many professors and doctors in key universities recognize Xiangwen liu's authority in the study of Russian Constitution. The monograph published by Xiangwen liu has almost become a reference book for many people in the field of Russian constitution. A professor and doctor of the National School of Administration even wrote in his thesis notes: "The above is based on the oral materials of Professor Xiangwen liu". For another example, the Research Center for Constitution and Administrative Rule of Law of Renmin University of China, which was established on the basis of national key disciplines, hired Xiangwen liu as a visiting professor and invited Xiangwen liu to teach Russian constitutional knowledge to graduate students.

The leading position of this research direction has been affirmed by famous publishing houses in Taiwan Province Province. For example, in June 5438+ 10, 2000, Wang Cuihua, deputy editor-in-chief of the famous Wu Nan Book Publishing Co., Ltd. in Taiwan Province Province, wrote to the Law Publishing House, saying that "The book Constitutional System of the Russian Federation published by your society is a rare professional book with informative contents and novel materials, and our society is interested in negotiating copyright to publish it in Taiwan Province". From June 5th to1October, 2002, Xiangwen liu's monograph "Russian Government and Politics" was published in Taiwan Province.

From 5 June to 10, 2002, Xiangwen liu, director of this research direction, was appointed as the only special researcher outside Beijing by the Research Office of the General Office of the National People's Congress Standing Committee (NPCSC) (deputy ministerial level), responsible for the research and consultation work of the parliaments of the CIS eastern European countries. At present, three of Xiangwen liu's research reports have been adopted by the laboratory, and his entrusted resources are still flowing.

This research direction will fill the gap in the research field of Russian administrative law in China. As we all know, Mr. Wang Mingyang of China University of Political Science and Law has written a monograph on Anglo-American Law and Administrative Law, and Mr. Yang Jianshun of China Renmin University has written Japanese Administrative Law. However, the study of Russian administrative law is still blank in China. China scholars don't even know that Russia has passed two administrative codes: 1984 and 200 1. The Russian Administrative Code (Compilation), independently translated and published by Xiangwen liu, director of this research direction, will fill this gap and introduce the above two codes to China administrative law experts and scholars. Liu Chunping's series of papers on Russian administrative law research (the transformation of the logical starting point of Russian administrative law, the review of Russian administrative procedure system, etc.). ) also fills the gap in the study of Russian administrative law by China scholars.

In the future, the research direction will strengthen research, consolidate its leading position in the field of Russian constitutional studies, and climb the peak of Russian administrative law academic research.

If the laws of all countries in the world are classified into two major legal systems, the continental legal system and the Anglo-American legal system, then the laws of Russia should be classified as the continental legal system.

Russian law belongs to the civil law system, because it has some basic characteristics of civil law: First, it emphasizes parliamentary legislation (essentially expert legislation, just a rubber stamp of parliament), and the laws applicable in the judicial process are laws and decrees formulated and promulgated by the legislature, unlike common law countries such as Britain and the United States, judges can create new laws themselves in the judicial process. The second is to emphasize the codification of national laws, such as formulating a unified civil code and commercial code. Third, the judiciary rarely follows the precedent, that is, when trying a new case, it is not necessary to make a similar judgment based on previous rulings of other courts on similar cases.

Constitutional system

Judging from the current situation, Russia's constitutional reform is imperative. The current constitution was promulgated and implemented when the former Soviet Union * * Production Party was in power, and its main contents have been expounded in the previous "Russian Current Political System".

At present, Russia has two draft constitutions, one of which was drafted by the Federal Constitutional Council. The main contents of this constitution are: emphasizing that the federal treaty is an integral part of the constitution, advocating the abolition of the people's congress system, establishing a bicameral parliament, emphasizing the separation and balance of the three powers of the legislative, executive and judicial organs, and the president, as the head of state, should be separated from the executive organs.

Another draft constitution is the "Draft Presidential Constitution" drafted by another team of President Yeltsin. This constitution has three outstanding features: first, it confirms the sanctity of private property; Second, implement the presidential state system in Russia; Third, abolish the people's congress and rebuild the parliament. The main contents of the draft are: the president is the head of state, the guarantor of civil rights and freedoms, the highest public official of the Russian Federation, and represents the Russian Federation abroad; Except for the candidate for prime minister who needs to be approved by the Federal Parliament, all other cabinet members are directly appointed by the President. Appoint or dismiss federal ministers and department heads upon the nomination of the Prime Minister of the Government after consultation with the Federal Council; Submit to the Federal Council candidates for judges of the Constitutional Court, the Supreme Court of Arbitration, the Supreme Court and the Attorney General's Office; Senior commanders of the armed forces are also appointed by the President; The president has the right to dissolve parliament early. The federal parliament stipulated in the draft is the federal parliament, which consists of the Federal Council (upper house) and the State Duma (lower house). It is the highest representative organ of the Federation, which adopts federal laws and carries out the supervisory functions stipulated by the Constitution. The bicameral federal parliament (parliament) is elected at the same time for a term of four years. Before the election, the full power of the current Federal Supreme Soviet and government was extended to the new parliament and government.

About 60% of these two draft constitutions are the same. For example, they all stressed that the federal treaty is an integral part of the Constitution, and they all advocated canceling the people's congress and establishing a bicameral parliament. However, their substance is quite different. The draft of the Constitutional Council emphasizes that legislative, judicial and administrative powers are in a parallel position in the political life of the country, while the draft of the presidential constitution emphasizes the presidential system and the state system, and emphasizes the power of the president and its central position in the political life of the country.

At present, the Parliament of the Russian Federation and the President of Russia are fighting fiercely over which draft should be the legislative principle and basis of the future national constitution. It is not difficult to predict that the final result will be the combination of the two constitutions, and the "long" will supplement the "short", which will be the principle and foundation of constitutionalism.