大陸法系與英美法系財產法律實施的系統比較－－個人意思與整體關係

A Systematic Comparison of the Execution of Law of the Two Legal Systems: From the Perspective of Property Law

兩大法系法律的實施各自形成了自身完整的系統性，對此可以財產法律為例，總結出調整對象－法律載體－法律適用方法－核心出發點這樣的一條運行紅線。按此進行解讀，大陸法系表現為：權利類型－抽象規範－法典（既定條文）－請求權基礎－個人意思；英美法系則表現為：具體對象－裁判規則－法官（正義直覺）－關係類推－整體關係。比較「整體關係」的思想於「個人意思」，前者在現代社會具有更強的開放性，因此日益受到人們的青睞；但從歷史的整體而言，二者固有自身特性，並無高下之別，只是為不同的時代需要所需要，而不斷發生著歷史的優劣轉化。

The execution of the law of two legal systems has formed its integrated system respectively. Taking the example of property law, we could generalize a cognitive thread going along objects regulated--carriers of laws--ways of legal application--core points, according to which the execution of continental law could read as types of right--abstract norms--code (set articles)--Anspruchsgrundlage--individual will, whereas the execution of Anglo-American law could read as specific objects--legalrules--judges (instincts of justice)--analogy of relationship--integral relationship. Making comparison of the idea of individual will and that of integral relationship, the latter takes on more openness, as a result of which we glorify Anglo-American law while depreciating Continental law at modern ages. However, if we seen them from the historical point, the two each possesses its own characteristic which couldn't be labeled as good or bad. Different ages, according to its needs of historical development, demands for different characteristics, thus through the history we have been continually seeing that as one way of execution of law falls, another rises.