also the functioning and dynamics of the legal system is largely determined by the dominant legal understanding, which is formed within different cultural and legal traditions [5, c .20-21]. Comprehension and the legal system is a dialectical relationship. Comprehension - is the criterion that reflects the real role of law in society. Contents comprehension embodies its original existence or its functional dependence on other factors social life. Thus, law can rightly claim to be the typolohizuyuchoho criterion in the study of legal systems. Depending on this criterion can talk about Western and non-Western legal systems. If the right is the main regulator of social relations and acts determinant of social life, thus comes to Western law, although this does not exclude the influence of other social factors on the functioning of the law. However, this effect is not determinative. Where the law, its content and functionality are determined by other factors, we are talking about non-Western legal systems. In particular, according to Confucian philosophy, the operation of positive law depends on the age-old laws of nature. Positive law must serve the laws of nature, that it should be aimed at compliance with existing harmony in society. This is the basis for Chinese comprehension. type of law (natural law, positivist, sociological, etc ..) Can claim to be dominant, but establishing this status depends on a number of social factors. In other words, law in general and in particular the dominant comprehension is a phenomenon that is socially where terminuyetsya [7, c.316]. of the methodological approaches to study comprehension is civilizational approach, which demonstrates the fact that the ratio is due to the law as social development, its contents and especially those social factors in this society is the determinant. The latter are ethical, religious, spiritual, material and different. The role and importance of each factor reflects the social civilization specifics of this society. their significance is not the same as each of them has a role in the functioning of society. Absolutization one factor and underestimation, especially the exclusion of other factors in determining the content comprehension, is unfounded. , If it is a traditional society, the leading role in the system of factors should, of course, tradition. When it comes to the religious society, respectively, on fore religious factors. As to Western society and Western law, there are other crucial factors, including culture. In the sense of law influence, of course, and factors associated with the material aspects of society. in this regard shall differentiation of society into classes, groups, layers, it leads to the formation of different interests, which, in turn, is determined by a variety of needs, such reflective material component of life of individuals, their groups, strata and classes. This is the basis for their ambiguous attitude to the law and its...
