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The judiciary of Germany is the system of courts that interprets and applies the law in Germany. The German legal system is a civil law based on a comprehensive compendium of statutes, as compared to the common law systems. Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor and the defendant. The independence of the judiciary of Germany is historically older than democracy in Germany. The organisation of courts is traditionally strong, and almost all federal and state actions are subject to judicial review. Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenticeship that provides them with broad training in the legal profession over two years. They then must pass a second state examination that qualifies them to practice law. At that point, the individual can choose either to be a lawyer or to enter the judiciary. Judicial candidates start working at courts immediately. However, they are subjected to a probationary period of up to five years before being appointed as judges for life. The judicial system is established and governed by part IX of the ''Grundgesetz für die Bundesrepublik Deutschland'' (the Basic Law of the Federal Republic of Germany). Article 92 of the Basic Law establishes the courts, and that states that "the judicial power shall be vested in the judges; it shall be exercised by the Federal Constitutional Court, by the federal courts provided for in this Basic Law, and by the courts of the Länder." ==Law== (詳細はGermany's legal system is a civilian system whose highest source of law is the 1949 Basic Law for the Federal Republic of Germany (which serves as the nation's constitution), which sets up the modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature. The court system adjudicates (1) public law (''ドイツ語:öffentliches Recht''), that is, administrative law (civil-government litigation or litigation between two government bodies) and criminal law, and (2) private law (''ドイツ語:Privatrecht''). German law is mainly based on early Byzantine law, specifically Justinian's Code, and to a much lesser extent the Napoleonic Code. German law is not impregnated with legal positivism to the extent of Napoleonic legal systems, so Germany's judiciary is not subordinated to the legislature, the Basic Law directly invests supreme judicial power in the Constitutional Court as well as other federal courts and the courts of each Länder, and decisional law has greater importance, though not to the extent of common law systems. The court system is inquisitorial, thus judicial officers personally enter proof and testimony into evidence, with the litigants and their counsel merely assisting, although in some courts evidence can only be tendered by litigants. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Judiciary of Germany」の詳細全文を読む スポンサード リンク
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