美国成文法浅析

Analysis on the American Written Law

美国成文法包括制定法与统一法两部分,制定法居于其中重要地位。制定法的主要内容包括:联邦宪法、州宪法、法律、条约、法院规则及行政机关规章与决议等。成文法与普通法的关系中,以普通法为主导。成文法的司法解释明确详细但种类烦杂,有待系统化。在法制社会的今天,应以积极的方式,科学的态度,谨慎选择美国成文法的优秀成果,为我国全面建设小康社会服务。

The American written law is made up of statutory law and uniform law. Compared with uniform law, statutory law plays a more important role and it mainly consists of federal constitution, state constitutions, law, treaties, rules of court and administrative bodies' regulations and resolutions. In the relationship between written law and common law, the latter plays a leading role. Although the judicial interpretation of written law is definite and detailed, it is so miscellaneous that it needs to be systematized. In current China, we need to choose the best of American written law actively and cautiously in order to build a well-off society.