美国法律文化的发展及特性

The Development and Traits of American Legal Culture

美国法是在继承改造英国法的基础上创立起来的独具特色的发达的法律制度。近四百年美国法律文化的发展史大体上经历了接受域外影响时期、自主发展时期和完善并向域外移植时期。与西方其他国家相比,美国法律文化具有自己的鲜明特性。主要体现为:浓厚的宪政文化,日益增长的爱嗜诉讼的强烈倾向,反应的动员程序,法律体系繁多庞杂,法官尤其是美国联邦最高法院的法官在法律发展中举足轻重,对封建法律制度的摧毁比较彻底,等等。

The American law is a unique and well- developed legal system, which is developed on the basis of inheriting and transforming English law. For almost four hundred years, the developing history of American legal culture goes through the period of accepting the influence from foreign countries, the period of self-development, the period of perfecting and being transplanted to foreign countries. Compared with the legal culture of other western countries, American legal culture has its own distinct traits, which are mainly：strong constitutional culture, gradual rising passion of loving lawsuit, reactive mobilization procedure, various kinds of numerous and jumbled legal systems, and besides which, the judges, especially the ones in Federal Supreme Court of the United States, who thoroughly destroyed the feudal legal system, play an important role in the law development of America.