The judicial publicity of continental legal system countries
英美国家概况 判断题
Chapter 11.( )people in different parts of Britain like to use the name England to refer to theircountry.英国不同地区的人们喜欢用这个名字英格兰引用他们的国家。
2.( )The Severn River is the longest river of Britain, which originates in Wales and flowsthrough western England.塞文河是英国最长的河流,它起源于威尔士和英格兰西部流过。
3.( )Today more than half of the people in Wales still speak the ancient Welsh language.今天有一半以上的人仍然在威尔士说古代威尔士的语言。
4.( )In terms of population and area, Northern Ireland is the second largest part of Britain.在人口和面积方面,北爱尔兰是英国第二大的一部分。
5.( )Although the climate in Britain is generally mild, the temperature in northern Scotlandoften falls below -10o C in January.虽然在英国通常是温和的气候,在苏格兰北部的温度经常低于-10年1月份oc6.( )The majority of the people in Britain are descendants of the Anglo-Saxons.英国的大多数人是盎格鲁撒克逊人的后裔。
7.( )The Celtic people were earliest known inhabitants of Britain.英国凯尔特人们现知最早的定居者。
英语国家概况 --谢福之各章判断题
判断题Unit1 英国：大不列颠和北爱尔兰Chapter 1 地理、民族、语言1. People in different parts of Britain like to use the name England to refer to their country. （F）2. The Severn River is the longest river of Britain, which originates in Wales and flows through western England.（T）3. Today more than half of the people in Wales still speak the ancient Welsh language. （F）4. In terms of population and area, Northern Ireland is the second largest part of Britain.（F）5. Although the climate in Britain is generally mild, the temperature in northern Scotland often falls below -10℃in January . （F）6. The majority of the people in Britain are descendants of the Anglo-Saxons.（T）7. The Celtic people were the earliest known inhabitants of Britain.（T）8. English evolved into what is now described as Modern English from the late 16th century.（F）Chapter 2 历史1. British history before 55BC is basically undocumented.（T）2. The Anglo-Saxons came to Britain in the 5 th century.（T）3. The chief or king of the Anglo-Saxons tribes exercised power at their own will. （F）4. The Vikings began to attack the English coast in the 8 th century.（T）5. HenryⅡbuilt up a large empire which included England and most of France.（T）6. The Magna Carta was designed to protect the rights of both the privileged class and the townspeople.（F）7. The Hundred Years’War （1337-1453）was a series of wars fought between the British and the Vikings for trade and territory.（F）8. In an effort to make a compromise between different religious factions, Queen ElizabethⅠactually defended the fruit of the Reformation.（T）Chapter 3 政府和英联邦1. Conventions are regarded less important than the statutory law in the working of the British government.（T）2. The British monarchy has never been interrupted throughout the history.（F）3. In reality, the British King or Queen is the source of all government powers.（F）4. The British Parliament is the law-making body of the Commonwealth of Nations.（F）5. The members of the House of Commons are appointed rather than elected.（F）6. The British Prime Minister is the leader of the majority party in Parliament.（T）7. Cabinet members are chosen by the Prime Minister from various political parties in Parliament.（F）8. The legal systems in England, Wales, Scotland and Northern Ireland are much similar in terms of law, organization and practice.（T）Chapter 4 经济1. British was the first industrialized nation in the world.（T）2. The British economy experienced a relative decline during the post-war period.（T）3. Limited resources and high unemployment rate were persistent problems that prevented rapid economic development in Britain after World WarⅡ.（F）4. Thatcher’s revolution turned out to be a great success in dealing with all the British economic and social problems.（F）5. The economic approach adopted by Tony Blair was different from that of the old Labor Party and the Conservative Party.（T）6. Blair made the Bank of England independent in order to separate politics from economic policy.（T）7. Britain is an important oil exporter since its oil industry has a long history.（F）8. Nuclear power is one of the major energy source in Britain.（T）Chapter 5 教育、媒体和节日1. The British government has been responsible for education since the early 1800s.（F）2. Education in Britain is compulsory for all children between the ages of 6 and 15.（F）3. The National Curriculum is compulsory in both the state system and the independent system.（F）4. When children finish their schooling at 16, they are required to take a national GCSE examination.（T）5. Graduates from state schools in Britain have a less favorable chance to enter famous universities than those from independent schools.（T）6. The Times is the world’s oldest Sunday newspapers.（F）7. The BBC World Service broadcasts only in English throughout the world.（F）8. Some British holidays are celebrated to mark important events in the Christian calendar, and some others are related to local customs and traditions.（T）Chapter 6 文学1. The Canterbury Tales is representative work of the old English period.（F）2. The Renaissance is characterized by admiration of the Greek and Latin classic works.（T）3. As a great English peot,Alexander Pope also translated Homer’s Iliad.（T）4. Jhonathan Swift is probably the foremost prose satirist in the English language,and Robinson Crusoe is his masterpiece.（F）5. William Wordsworth amd Sumuel Taylor Colerdge brought the Romantic Movement to its height.（F）6. Lord Byron distinguished himself by the musical quality of his short poems,such as “Ode to the West Winds”.（F）7. Jane Austen is a well known novelist of the stream of consciousness school.（F）8. Joseph Conrad is classified as a forerunner of Modernism,which prevailed before World War Ⅱ.（T）Unit2 爱尔兰Chapter 7 社会和文化1. The Republic of Ireland occupies the entire area of the island of Ireland.（F）2. The earliest inhabitants in Ireland were Celtic tribes from Europe.（F）3. In the 1800s, Ireland gained in prosperity because it became a part of Britain.（F）4. In the 1930s, Ireland was not indeed a republic, but belonged to the British Commonwealth of Nations.（T）5. Ireland’s economy wasn’t affected by World War Ⅱbecause it remained neutral during the war.（F）6. In 1949, Britain recognized the independence of the Irish Republic and returned the six northern counties.（F）7. English is the only official language in Ireland because the majority of people speak it as their mother tongue.（F）8. Catholicism in Ireland is more than a mere matter of private faith, but of public identity.（T）Unit3美国Chapter 8 地理和民族1. The eastern highlands formed by the Appalachians hold one third of the country's continental territory.（F）2. The climate in the United States can be classified as temperate,with some mild subtropical and tropical zones.（T）3. Almost through the middle of the United States, north to south,runs a well--known 50-centimeter rainfall line.（T）4. New York is the commercial and financial center of the United States , and it is composed of five boroughs including Manhattan, Brooklyn, the Bronx, Staten Island , and Queens.（T）5. San Francisco is the second largest city after New York and the world famous Hollywood and Disneyland are located here.（F）6. During the 1830s and 1840s, many northern Europeans and Irish immigrants came to America.（T）7. Almost half of the immigrants coming to the United States in the 1980s were Asians.（T）8. Basic American cultural values are freedom, equality and desire to work hard for a higher standard of living.（T）Chapter 9 历史1. America was named after Amerigo Vespucci, who arrived on the new continent after Columbus.（T）2. The second Continental Congress was held in Philadelphia, and the Continental Army and Navy were founded under the command of Thomas Jefferson.（F）3. The Civil War not only put an end to slavery, but also decided that America was a single, indivisible nation.（T）4. Most American people approved of the Vietnam War.（F）5. In 1990, American troops and the troops from allied nations launched Operation Desert Storm in order to drive Iraqi troops out of Kuwait.（T）6. According to the American administration, Saddam Hussein and Osama bin Laden were responsible for the terrorist event on September11,2001.（F）7. The America government regarded Iraq a nation among the "axis of evil".（T）8. On March 19,2003,American and United Nation's troops, supported by several ot her countries, began an invasion of Iraq.（F）Chapter 10 政府1. The Bill of Rights was written into the Constitution in 1787.（F）2. The form of American government is based on three main principles: federalism, the separation of powers, and respect for the Constitution and the rule of law.（T）3. The U.S. Congress is the legislative branch of the federal government and it consists of two houses: the House of Commons and the House of Lords.（F）4. The judicial branch of the federal government consists of a series of courts: the Supreme Court, the courts of appeals and the district courts.（T）5. The Democratic Party is conservative in terms of its ideology.（F）6. The American presidential campaign adheres to the "winner-take-all" practice.（T）7. The American foreign policy throughout the World War II was neutrality.（F）8. The American foreign policy during the Cold War period was containment and intervention.（T）Chapter 11 经济1. America is the world's largest industrial nation.（T）2. In the U.S. Constitution, the recognition of the importance of "intellectual property" could be identified.（T）3. Although slavery was abolished as a result of the Civil War, the owners of plantation in the South made more profits from selling their agriculture products.（F）4. President Roosevelt's New Deal had little effect in dealing with the economic crisis in the early 1930s.（F）5. The 1960s was a period of consolidation for the American businesses.（F）6. American agricultural exports outweigh imports, leaving a surplus in the agricultural balance of trade.（T）7. Auto production is one of the important sectors in American manufacturing industry.（T）8. The world economy has little to do with the growth and decline of the American foreign trade.（F）Chapter 12 教育、媒体和节日1. Education is governed by state and local governments instead of the national government in America.（T）2. All American children are offered 12 years of compulsory public education.（T）3. After 12 years of schooling, American students receive a bachelor's degree at graduation.（F）4. When selecting a college or university, undergraduate students have a great concern for its size, location and academic quality.（T）5. Usually, an undergraduate student has to earn 120 credits to receive a degree.（T）6. Yale university is the second eldest institution of higher learning in the United States.（F）7. It is The New York Times that first uncovered the Watergate Scandal in 1972 through the efforts of two reporters.（F）8. Thanksgiving Day falls on the fourth Tuesday in November.（F）Chapter 13 文学1. Walt Whitman introduced great innovations to American literature ,and devised a poetic style , free verse .（T）2. Emily Dickinson’s poems are usually long , exploring the inner life of the individual .（F）3. Stephen Crane is famous for his writings about the meeting of America and Europe .（F）4. Ezra Pound leads the School of Imagism , which advocates a clear , highly visual presentation .（T）5. Jack Kerouac’s On the Road is a representative work of the Beat Writers.（T）6. Alice Walker was passionate about the civil rights movements and the women’s movement of 1960s , and The Color Purple is her masterpiece .（T）7. America’s most renowned playwright is Tennessee Williams , and his plays are highly experimental in form and style .（F）8. Arthur Miller is concerned with the conflicts of the individual within society , and Death of a Salesman is his masterpiece .（T）Unit4 加拿大Chapter 14 地理和历史1. Canada is the second largest country in the world in terms of territory .（T）2. The lakes in Canada cover about 7.6% of the Canadian landmass.（T）3. Canada has a typical oceanic climate influenced by both the Atlantic Ocean and the Pacific Ocean.（F）4. The Seven Year’ War led to the British control of most of the territories in Canada.（F）5. Canada was split into Upper Canada and Lower Canada in 1791.（T）6. During World War 2 ,neutral policy protected Canada from the wartime Destruction.（F）7. Chretien’s Liberal government succeeded in lowering the persistently high unemployment rate.（T）8. Canada was the first country in the world to allow same-sex marriage.（F）Chapter 15 政府和社会1. Canada’s political structure has nothing to do with that of Britain and US.（F）2. The Canadian government is responsible to the King or Queen of Britain.（F）3. The Canadian court system is divided into four levels.（T）4. All Canadian citizens aged over 18 have the right to vote.（F）5. Multilingualism and multiculturalism are characteristic of the Canadian Culture.（T）6. In Canada , different provinces and territories share the same educational system.（F）7. In Canada , children have to pass a university entrance exam in order to enter the university.（F）8. Laval University is the largest higher education institution in Canada, while the University of Toronto is the oldest one.（F）Unit5 澳大利亚Chapter 16 地理和历史1. In terms of landmass, Australia is the sixth largest country in the world.（T）2. The name “Sydney” means “meeting place” in the Aboriginal language.（F）3. The first documented European expedition to Australia was made by Abel Tasman. （F）4. Australia Day is on January 26, which originates from the establishment of the first British colony on this day in 1788.（T）5. There was a period of great economic expansion in Australia following the gold rush in the 1850s.（T）6. The purpose of the Immigration Restriction Act in 1901 was to restrict Europeanimmigrant numbers. （F）7. The economy in Australia developed rapidly by means of the policy of “men, money and markets” in the 1920s.（T）8. It was Britain that helped protect Australia from the Japanese in the Battle of the Coral Sea during World War Ⅱ. （F）Chapter 17 政府和社会1. Australia’s government system mainly reflects the British model of liberal democracy.（F）2. The party or group of parties with a majority in the House of Representatives forms the government in Australia.（T）3. The Australian Constitution can be changed either by the government’s will or by referendum.（F）4. The Australian Senate has more power than the House of Representatives to make laws.（F）5. In Australia the King or Queen of Britain serves as the symbolic head of state.（T）6. For Australia citizens over the age of 16, it is compulsory to vote at election time.（F）7. Multiculturalism in Australia advocates a multicultural society based on European and Asian ethnic backgrounds.（F）8. Since Australia has a vast cultivable area, it has become the world’s leading exporter of agricultural products.（F）Unit6 新西兰Chapter 18 社会和文化1. New Zealand is mainly composed of two islands in the Pacific Ocean.（T）2. The highest peak in New Zealand is Mount Cook, which lies in the center of the Southern Alps.（T）3. In 1907, New Zealand changed from a British colony to a separate dominion like Australia and Canada.（T）4. Helen Clark served three terms as the Prime Minister of New Zealand.（T）5. Like many other countries, New Zealand has a formal written constitution.（F）6. There is only one chamber in New Zealand’s Parliament – the House of Representatives.（T）7. Agriculture is important to New Zealand’s economy, so most New Zealanders live in suburban areas.（F）8. The Maori language is one of the official languages in New Zealand.（T）。
机构名称英译标准规范
上海市对外交流用组织机构名称和职务职称英文译写规范0总则0.1为规范本市组织机构名称和职务职称英文译写，促进对外交流，根据《中华人民共和国国家通用语言文字法》《上海市实施〈中华人民共和国国家通用语言文字法〉办法》《公共场所英文译写规范》（DB31/T 457-2009）《上海市人民政府关于加强本市公共场所英文译名使用管理的若干意见》，及国家和本市其他有关规定，制定本规范。
0.2本规范适用于本市各级党政机关、群众团体和相关组织机构名称，各类职务职称的英文译写。
0.3各级党政机关的招牌、指示牌应当按照国家有关规定，使用国家通用语言文字。
本规范提供的机关和组织机构名称英语译文用于对外交流。
0.4使用汉语拼音拼写，应符合GB/T 16159的规定。
1组织机构名称的英译方法和要求1.1译写组织机构名称，应当符合《中华人民共和国国家通用语言文字法》，在首先使用国家通用语言文字的前提下进行译写。
1.2译写组织机构名称，应针对其不同的构成成分，采用相应的英译方法。
组织机构名称的构成成分，一般分析为冠名、属性名、序列名和通名。
1.3冠名1.3.1冠名中的地名冠名中涉及中国地名的一般用汉语拼音拼写。
如：上海（市）Shanghai；黄浦（区）Huangpu。
1.3.2冠名中的行政区划限定词冠名中含有“市、区、新区、县、乡、镇”等行政区划限定词的，需区分不同情况作出处理。
——以下情形应当译出行政区划限定词与同级人民政府有隶属关系的部门、机构，应当译出同级的行政区划限定词，如：上海市农业委员会Shanghai Municipal Agriculture Commission，嘉定区财政局Jiading District Finance Bureau。
需要译出行政区划限定词的，市译作Municipal，区译作District，新区译作New Area，县译作County，乡、镇均译作Township。
——以下情形不宜译出行政区划限定词法院、检察院名称中的行政区划限定词，不宜译出。
论我国裁判文书的现状及其完善
山东大学硕士学位论文论我国裁判文书的现状及其完善姓名：***申请学位级别：硕士专业：法律指导教师：***20090310山东大学硕ｔ：学位论文中文摘要裁判文书是司法公正的最终载体。
随着司法改革进程的推进，裁判文书无论在理论界还是在实践中逐渐成为人们关注的焦点。
但是我国目前裁判文书总体质量不高，影响了裁判文书的所承载的司法意义，对司法公正的实现也形成了不利的影响。
因而，亟需裁判文书亟需进行改革。
全文共分五个部分。
第一部分是绪论，综合论述了本文研究的背景和意义；第二部分是裁判文书的理论综述，主要论述了裁判文书的特点和功能；第三部分论述了古今中外裁判文书之比较。
第一，通过与我国古代裁判文书的比较，指出在说理的透辟和语言的精炼、生动方面，当代裁判文书有借鉴古代裁判文书的必要；第二，通过与我国近代裁判文书的比较，指出当代裁判文书应当重视说理，语言力求通俗易懂：第三，通过大陆法系与英美法系裁判文书的比较，阐述二者之间在说理方式、逻辑结构、整体色彩、语言风格等方面的不同，指出我国裁判文书改革应侧重借鉴大陆法系国家的经验，突出裁判文书的整体色彩和演绎法精神，讲究逻辑推理，同时吸收英美法系裁判文书的合理因素，使司法证明更具开放性：在语言风格方面应更多地向英美法系国家学习，尽量以大众化的语言制作裁判文书。
第四部分论述了目前我国裁判文书的现状。
第一，介绍了目前裁判文书存在的主要问题，包括三个方面：一是说理不充分，说服力不强；二是对当事人诉辩主张归纳过于简单，不能准确反映案件争议焦点；证据表述千篇一律，未能体现出当事人举证、质证、法官认证等情况；三是制作过于简单，必要的审理过程没有交待；第二，分析了裁判文书存在问题的原因：一是法官整体素质不高，难以撰写出高质量的裁判文书：二是超职权主义诉讼模式的影响，只重视裁判结果及判决作为执行根据的价值，不重视裁判文书的程序价值；三是法官尚未真正独立行使审判权，缺乏制判动力，裁判文书制作敷衍了事：第三，明确了裁判文书改革的必要性，一是审判方式改革的必然要求；二是建设法官文化的重要途径；三是树立司法权威的内在需要。
美国总统选举流程英语
美国总统选举流程英语介绍1The process of the United States presidential election is a complex and significant event that attracts global attention. The journey begins with the nomination of candidates. Within each political party, there are primary elections held across the country. These primaries allow party members to select their preferred candidates. Subsequently, the national conventions of the parties take place, where the official nominees are determined.During the campaign period, candidates employ various strategies to promote themselves. They give speeches, participate in debates, and utilize various forms of media for publicity. Fundraising is also a crucial aspect. Candidates raise funds through donations from supporters, political action committees, and other means.On Election Day, citizens go to the polls to cast their votes. The voting system is designed to ensure the accuracy and fairness of the count. Ballots are collected and counted in a meticulous process. The results are tallied based on the number of votes received by each candidate in different states.The outcome of the presidential election not only determines the leader of the United States but also has a significant impact on domestic and international policies. It reflects the will of the people and shapes the future direction of the nation.2The process of the United States presidential election is a complex and elaborate system that involves multiple steps and factors. Before the actual election, public opinion polls and political debates play crucial roles. Public opinion polls provide an indication of the popularity and support for different candidates, influencing their strategies and messaging. Political debates offer a platform for candidates to showcase their policies, vision, and leadership skills, and to persuade the voters.The process also involves the selection of electors in each state. These electors are typically chosen based on the outcome of the popular vote within the state. Their role is significant as they cast the final votes for the president. For example, in some closely contested states, the number and distribution of electors can have a decisive impact on the overall election result.After the voting concludes, the certification of the election results is a critical step. This involves verifying and confirming the accuracy and validity of the votes counted. However, in some cases, disputes may arise, and there are mechanisms in place to address such controversies. These might include legal challenges, recounts in certain areas, or the involvement of judicial authorities to ensure a fair and legitimate outcome.In conclusion, the United States presidential election process is a highly regulated and structured system that aims to reflect the will of thepeople while ensuring the integrity and fairness of the electoral process.3The process of the United States presidential election is a complex and significant event that attracts global attention. It involves several crucial steps and factors.First of all, the eligibility and background checks of candidates are of paramount importance. Candidates must meet specific criteria, such as being a natural-born citizen of the United States, of a certain age, and having no disqualifying criminal records. This ensures that those who aspire to hold the highest office in the country have the necessary qualifications and integrity.The Electoral College system is another key aspect. It operates based on the distribution of electoral votes among the states. Each state has a certain number of electoral votes, and the candidate who secures the majority of these votes in a state wins all of that state's electoral votes. This system sometimes leads to situations where a candidate can win the popular vote but lose the Electoral College vote and, consequently, the election.During the election period, media coverage and public opinion play a significant role. The media provides extensive coverage of the candidates' policies, campaigns, and public appearances. This influences how the public perceives the candidates and their proposed policies, shaping theoverall discourse and public sentiment.In conclusion, the US presidential election process is a multi-faceted and intricate system that requires a combination of legal requirements, political strategies, and public engagement to determine the leader of the nation.4The process of the United States presidential election is a complex and highly regulated affair. Let me take you through the detailed steps.Firstly, voter registration is of paramount importance. It ensures that eligible citizens have the right to participate. The procedure involves filling out specific forms and providing necessary identification and proof of residency. For example, in some states, one must be registered a certain number of days before the election to be eligible to vote.Secondly, the issue of campaign funds cannot be overlooked. Campaign funds come from various sources such as individual donations, political action committees, and fundraising events. However, there are strict regulations and oversight to prevent illegal or excessive contributions. The monitoring of campaign finances is crucial to ensure a fair and transparent election process.Finally, when the voting concludes, the election results are announced. This is a highly anticipated moment that often attracts global attention. The newly elected president then goes through an elaborate inaugurationceremony, marking the official beginning of their term in office.In conclusion, the U.S. presidential election process is a comprehensive and meticulous system designed to reflect the will of the people and uphold the principles of democracy.5The process of the United States presidential election is a complex and highly significant event that shapes the course of the nation and has a global impact. It involves a series of elaborate steps and intense political manoeuvring.First and foremost, candidates from various political parties embark on a gruelling campaign trail, striving to convince the electorate of their suitability and policy proposals. The strategies employed by different parties are diverse and often influenced by the prevailing social and economic circumstances. They may focus on economic growth, social justice, or foreign policy, tailoring their messages to resonate with the concerns of the voters.The election also has a profound influence on both domestic and foreign policies of the United States. A new administration brings with it new priorities and directions, which can lead to significant shifts in areas such as healthcare, education, and international relations.Historically, there have been several landmark presidential elections that have brought about improvements to the electoral process. Forinstance, the 1960 election between John F. Kennedy and Richard Nixon marked a turning point in the use of television for political campaigns. This led to greater emphasis on image and presentation. Another example is the 2008 election of Barack Obama, which demonstrated the power of grassroots organising and digital campaigning.In conclusion, the United States presidential election process is not merely a democratic exercise but a reflection of the nation's evolving values and aspirations, constantly shaping and being shaped by the political, social, and economic landscape of the country.。
汉英法律专业词汇（法理、法制史、宪法学）之二
汉英法律专业词汇（法理、法制史、宪法学）之二汉英法律专业词汇（法理、法制史、宪法学）jurisprudence, history of legal systems and constitution法系 legal system法协会 law society法学 jurisprudence法学博士 doctor of jurisprudence法学导论 leading principles of law法学的范畴体系 the system of categories of jurisprudence法学的范畴意识the consciousness of category of jurisprudence法学的基石范畴 fundamental categories of jurisprudence法学方法 method of jurisprudence法学方法论 methodology of jurisprudence法学会 law society法学教科书 law textbooks法学理论 theory of law; legal theory法学权威 an academic authority in law法学士 bachelor of law法学体系 system of jurisprudence法学通论 first principles of law法学院 faculty of law; law school法医 forensic medicine法医学 forensic medicine法院 court法院调查 judicial investigation法院管辖权 competence of court法院管辖以外的 extrajudicial法院判决 court decision法院系统 court structure法院组织法 judicature act法则 articles法哲学 philosophy of law法制legal institution法制传统 tradition of law system法制的精神 spirit of legality法制的尊严 dignity of the legal system法制观念 legal concept法制观念淡薄 very weak in the understanding of law法制教育 legal education; education of legal system法制史 legal history; history of legal system法治 rule of law法治的机制 the mechanism of rule of law法治的要素 the element of rule of law非实质的 immaterial非营利的 non-profit非约束性条款 permissive provision废止法律 annulment of law分别管辖权 separate jurisdiction分别财产制 separation of property regime分别规定 separate provision分担责任 share the responsibility分工负责，互相配合，互相制约divide responsibility for their own work; coordinate their efforts and check each other 分工负责制 division of labor responsibility system分级管理 different levels holding different responsibilities分配制度 distribution system分析法理学 analytical jurisprudence否决权 power veto; veto power否认事实 denial of facts服从法律 amenable to law; subject to the law 服从判决 accept a judgment符合程序 be in order符合法律 be in conformity with law符合宪法 constitutionality符合宪法的法律 constitutional law符合原则 be in conformity with the principle盖尤斯 gaius概括裁定 general verdict概括继承 general succession干扰司法公正 interference with course of justice 刚性条款 entrenched clause刚性宪法 rigid constitution岗位责任制 post responsibility system高等法院 high court; high court of justice高度集中 highly centralize高度民主 high level of democracy高度自治权 high degree of autonomy高级法官 senior judge高级法院superior court高级人民法院higher people’s court高级人民检察院higher people’s procuratortate 搁置 set aside; abeyance格式条款 clause of style公认的行为准则 established standard of conduct 规避法律 in fraud of law规避义务 evade obligations规范的法律规则 normative rule of law规范法学 normative jurisprudence规范性法律文件 normalizative document of law规范性法律文件的规范化normalization of normative legal document国际法international law国际法学 international jurisprudence过错方 tort-feasor; wrongdoer过错推定原则 doctrine of presumption过错责任 liability for wrongs; tort liability海事法院 court of admiralty《汉穆拉比法典》 code of hammurabi合并条款 consolidation of provisions合法的个人财产 legal personal property合法地位 legal status合法权益 the lawful rights and interests合法行为 lawful acts; legality of purpose合宪性 constitutionality衡平法 equity衡平法规则 rule of equity衡平法学 equity jurisprudence衡平法院 court of chancery (美)；court of equity （英）后法取代前法 a later statute takes away the effect of a prior one.后法优于前法 lex posterior derogat priori户籍所在地：the place where his residence is registered互为因果 reciprocal causation基本法 fundamental law基本法律规范 basic norm of law基本方针 basic policies基本权利和义务 basic rights and duties基本司法概念和假设 basic legal conception and assumption技术性法规 technical legal rule家庭法 family law建立法律关系create legal relations教会法canon law《教会法大全》corpus juris canonici教会法学家 decretalists解释法律的技术规则 technical rule of interpretation 解释权 power of interpretation近因 immediate cause禁治产人 imbecile; interdicted person经常居住地：habitual residence经法律确认的 ascertained by law经法律许可 authorized by law经验法学 scholastic theories of law纠问式审判 trial by inspection or examination具有法律约束力的文件 legally binding instrument 具有同等效力的 with equal authenticity具有约束力的判例 binding precedent绝对衡平法 absolute equity君主立宪制度 constitutional monarchy开罗会议 cairo conference凯恩斯主义 keynesianism可撤销的法律行为 revocable juristic act可让与性 alienability可用法律强制执行的 enforceable at law可预见的 foreseeable可直接适用的法律 directly applicable law可追溯的 retrospective客观条件 objective condition客观因素 objective factor客体 object扩充解释 amplified interpretation理论法理学派 theoretical jurisprudence school 理性决定说 theory of rational decision理性认识 conceptual knowledge历史法学 historical jurisprudence历史法学派 historical school of law历史解释 historical interpretation立法机构legislative body立法权 law-making power; legislative power 立法委任权 legislation mandate立法效力 legislative effect立法议案 bills立法者 law-maker; legislator立宪 constitutionalism利益冲突 conflict of interests利害关系人interested person连带法律关系 joint legal relations连带责任 joint and several obligation论理解释 logical interpretation罗马法roman law; jus romanum罗马法系 roman-law system罗马皇帝优士丁尼一世justinian i罗马法理学 jurisprudential《罗马法律汇编》roman digest罗马法学派 school of romanists罗马－日耳曼法系 roman-germanic family罗马私法 jus privatum逻辑解释 logical interpretation马伯里诉麦迪逊案 marbury vs. madison马克思主义法律理论 marxism-leninism马克思主义法学 marxist jurisprudence马克思主义法学家 marxist jurist没有事实根据的 unsubstantial美国国际法协会 american institute of international law美国海事法庭 admiralty courts of the u.s.a.美国联邦地区法院 united states district courts美国联邦法官 federal judge没有法律依据的 lawless没有判决先例的案件 case of first impression《民法大全》corpus juris civilis民法典 civil code民法法系civil-law system民法通则： general principles of the civil law民法学 science of civil law民事案件中“占有优势证据”的原则“by a preponderance of evidence” in civil c ases民事权利能力：the capacity for civil rights民事权益：civil rights and interests民事诉讼法学 civil procedure law民事制裁 civil punishment; civil sanction民政部门：the civil affairs department明代法规 laws and regulations of ming dynasty明示或默示的 express or implied默示表达 communication by implication拿破仑法典 the code napolean内部规章 internal regulations纳妾制 concubinage南京条约 (1843) treaty of nanking, 1843拟制理论 fiction theory拟制买卖 mancipatio欧洲大陆法 continental law偶然权利 contingent right偶然因果关系 fortuitous causal relationship 偶然因素 accidentalia偶因 accidental cause排他的权利 right to exclude all others派生的权利 derived right派生取得 derivative acquisition判例法系 case law system普通法法系 common-law system判例法系 case law system判例汇编 reports; reports of judgments普通法 common law。
宪法与法治(英文版)
Dieter GrimmListe für China1. Constitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Law and Politicsin: B. Iancu (ed.), The Law/Politics Distinction in Contemporary AdjudicationUtrecht 2009, S. 21 – 34(constitutional courts at the interface of law and politics 08-2008.doc)2. Constitutional Adjudication and Democracyin: M. Andenas (Hrsg.), Judical Review in International PerspectiveLiber Amicorum in Honour of Lord Slynn of Hadley Band IIDen Haag 2000, S. 103(constitutional adjudication lib.pdf)3. Political Parties(political parties engl fuer yale 07-2006)4. Levels of the Rule of Law(Levels of the rule of law final 15-12-09.doc)5. The Development towards a Rights-Oriented Legal Culture in Europe(rights-oriented legal culture china 03-2007.doc)6. Human Rights and Judicial Review in Germanyin: D. Beatty (Hrsg.), Human Rights and Judicial Review, Dordrecht 1994, S. 267(grimm human rights.pdf)7. Values in German Constitutional Law, Dennis Davis u.a. (Hrsg.) - noch nicht erschienen, (values in german const law Aenderungen 20-04-09.doc)8. Proportionality in Canadian and German Constitutional Jurisprudencein: University of Toronto Law Journal 57 (2007), S. 383 – 397(proportionality printversion 30-01-07.doc)9. The Protective Function of the Statein: G. Nolte (Hrsg.), European and US Constitutionalism, Cambridge (England) 2005,S. 137 – 155(protective function of the state 12-2004.doc)10. Civil Liberties in an Age of Terror(http://www.bertelsmann-stiftung.de/cps/rde/xbcr/SID-0A000F0A-935A2172/bst/Transatlantic%20Thinkers_Part_5_final.pdf)Dieter GrimmConstitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Lawand PoliticsI.1. Before the end of World War II constitutional courts or courts with constitutional jurisdiction werea rarity. Although constitutions had been in place long before, a worldwide demand for constitutionaladjudication arose only after the experiences with the many totalitarian systems of the 20th century. The post-totalitarian constitutional assemblies regarded judicial review as the logical consequence ofconstitutionalism. In a remarkable judgment the Israeli Supreme Court said in 1995: "Judicial reviewis the soul of the constitution itself. Strip the constitution of judicial review and you have removed its very life… It is therefore no wonder that judicial re view is now developing. The majority of enlightened democratic states have judicial review… The Twentieth Century is the century of judicial review." (United Mizrahi Bank Ltd. v. Migdal Village, Civil Appeal No. 6821/93, decided 1995). Based on this universal trend the Israeli Court claimed the power of judicial review although it had not been explicitly endowed with it in the constitution.Yet, just as the transition from absolute rule to constitutionalism had modified the relationship between law and politics, this relationship was now modified by the establishment of constitutional courts. As long as law was regarded as being of divine origin politics were submitted to law. Political power derived its authority from the task to maintain and enforce divine law, but did not include the right to make law. When the Reformation undermined the divine basis of the legal order and led to the religious civil wars of the 16th and 17th century the inversion of the traditional relationship between law and politics was regarded as a precondition for the restoration of social peace. The political ruler acquired the power to make law regardless of the contested religious truth. Law became a product of politics. It derived its binding force no longer from God‘s will but from the ruler‘s will. It was henceforth positive law. Eternal or natural law, in spite of its name, was not law, but philosophy.Constitutionalism as it emerged in the last quarter of the 18th century was an attempt to re-establish the supremacy of the law, albeit under the condition that there was no return to divine or eternal law. The solution of the problem consisted in the reflexivity of positive law. Making and enforcing the law was itself subjected to legal regulation. To make this possible a hierarchy had to be established within the legal system. The law that regulated legislation and law-enforcement had to be superior to the law that emanates from the political process. Yet, since there was no return to divine law the higher law was itself the product of a political decision. But in order to fulfil its function of submitting politics to law it needed a source different from ordinary politics. In accordance with the theory that, in the absence of a divine basis of rulership the only possible legitimization of political power is the consent of the governed, this source was found in the people. The people replaced the ruler as sovereign, just as before the ruler had replaced God. But the role of the popular sovereign was limited to enacting the constitution while the exercise of political power was entrusted to representatives of the people who could act only on the basis and within the framework of the constitution.Hence, one can say that the very essence of constitutionalism is the submission of politics to law. This function distinguishes constitutional law from ordinary law in various respects. There is, first, a difference in object. The object of constitutional law is politics. Constitutional law regulates the formation and exercise of political power. The power holders are the addressees of constitutional law. Secondly, constitutional and ordinary law have different sources. Since constitutional law brings forth legitimate political power it cannot emanate from that same power. It is made by or attributed to the people. Consequently, the making of constitutional law differs, thirdly, from the making of ordinarylaw. It is usually a special body that formulates constitutional law and its adoption is subject to a special procedure in which either the people takes the decision or, if a representative body is called upon to decide, a supermajority is required.Fourthly, constitutional law differs from ordinary law in rank. It is higher law. In case of conflict between constitutional law and ordinary law or acts of ordinary law application constitutional law trumps. What has been regulated in the constitution is no longer open to political decision. Insofar, the majority rule does not apply. This does not mean a total juridification of politics. Such a total juridification would be the end of politics and turn it into mere administration. Constitutional law determines who is entitled to take political decisions and which procedural and substantive rules he has to observe in order to give these decisions binding force. But the constitution neither predetermines the input into the constitutionally regulated procedures nor their outcome. It regulates the decision-making process but leaves the decisions themselves to the political process. It is a framework, not a substitute for politics.Finally, constitutional law is characterized by a certain weakness compared to ordinary law. Ordinary law is made by government and applies to the people. If they do not obey government is entitled to use force. Constitutional law, on the contrary, is made by or at least attributed to the people as its ultimate source and applies to government. If the government does not comply with the requirements of constitutional law there is no superior power to enforce it. This weakness may differ in degree, depending on the function of the constitution. Regarding the constitutive function the structure of public power will usually conform to the constitutional arrangement. Regarding its function to regulate the exercise of political power this cannot be taken for granted. The historical and actual evidence is abundant.2. It was this weakness that gave rise to constitutional adjudication, in the United States soon after the invention of constitutionalism, in Europe and other parts of the world only after the collapse of the fascist and racist, socialist and military dictatorships beginning in the 1950s and culminating in the 1990s. Although many of these systems had constitutions their impact was minimal, and invoking constitutional rights could be dangerous to citizens. In the light of this experience constitutional courts were generally regarded as a necessary completion of constitutionalism. If the very essence of constitutionalism is the submission of politics to law, the very essence of constitutional adjudication is to enforce constitutional law vis-à-vis government. This implies judicial review of political acts including legislation. However, constitutional courts or courts with constitutional jurisdiction cannot fully compensate for the weakness of constitutional law. Since the power to use physical force remains in the hands of the political branches of government, courts are helpless when politicians refuse to comply with the constitution or disregard court orders.But apart from this situation, which is exceptional in a well-functioning liberal democracy with a deeply-rooted sense for the rule of law, it makes a difference whether a political system adopts constitutional adjudication or not. Even a government that is generally willing to comply with the constitution will be biased regarding the question what exactly the constitution forbids or requires in a certain situation. Politicians tend to interpret the constitution in the light of their political interests and intentions. In a system without constitutional adjudication usually the interpretation of the majority prevails. In the long run this will undermine the achievement of constitutionalism. By contrast, in a system with constitutional adjudication an institution exists that does not pursue political intentions, is not subject to election and specializes on constitutional interpretation in a professional manner. It is thus less biased and can uphold constitutional requirements vis-à-vis the elected majority. Even more important is the preventive effect of constitutional adjudication. The mere existence of a constitutional court causes the political majority to raise the question of the constitutionality of a political measure quite early in the political process and in a more neutral way. It observes its own political plans through the eyes of the constitutional court.Kelsen, whom the Israeli Supreme Court quotes approvingly in the Mizrahi opinion, may have exaggerated when he said that a constitution without constitutional adjudication is just like not having a constitution at all. There is a number of long-established democracies where the constitution mattersalthough no constitutional review exists. Here constitutional values have become part of the legal and political culture so that there is less need for institutionalized safeguards. But for the majority of states, in particular for those who turned toward constitutional democracy only recently, it is true that the constitution would not matter very much in day-to-day politics if it did not enjoy the support of a special agent that enforces the legal constraints to which the constitution submits politics. The small impact of fundamental rights before the establishment of judicial review proves this.However, the existence of a constitutional court alone is not sufficient to guarantee that politicians respect the constitution. Just as constitutionalism is an endangered achievement constitutional adjudication is in danger as well. Politicians, even if they originally agreed to establish judicial review, soon find out that its exercise by constitutional courts is often burdensome for them. Constitutions put politics under constraints and constitutional courts exist in order to enforce these constraints. Not everything that politicians find necessary – be it for themselves or their party, be it for what they deem good for the common interest – can be effectuated if the court sees it not in line with the constitution. Politicians therefore have a general interest in a constitutional court that, to put it mildly, is at least not adverse to their objectives and plans. But there is also a specific interest in the outcome of constitutional litigation on which the implementation of a certain policy depends.Yet, any political interference with the judicial process would undermine the whole system of constitutional democracy. This is why judges must be protected against political influence or pressure. The dividing line between the various organs of the state drawn by the principle of separation of powers is particularly strong where the judiciary is concerned. Independence of the judiciary is indispensable for the functioning of a constitutional system and is therefore itself in need of constitutional protection. If it is true that constitutional courts are helpless when political actors refuse to obey their orders, it is even more true that constitutional courts are useless when they cannot take their decisions independently from politics. The best protection of judicial independence is, of course, a deeply-rooted conviction on the side of politicians that any interference with court procedures is unacceptable, supported by a strong backing for the constitution within society. But this cannot be taken for granted. Rather, special safeguards are necessary. Judicial independence must be guaranteed, not only against any attempt to directly influence the outcome of litigation, but also against more subtle ways of putting pressure on the judiciary. This is why constitutions usually guarantee the irremovability of judges and often a sufficient salary, to mention only a few devices.A special problem in this context is the recruitment of judges of constitutional courts or courts with constitutional jurisdiction. Since these courts have a share in public power the judges need democratic legitimation. If they are not elected directly by the people, a circumstance which presents problems of its own regarding judicial independence, some involvement of the elected branches of government in the recruitment process seems inevitable. Yet, every involvement creates the temptation to elect or appoint deferential judges. Recruitment of judges is the open flank of judicial independence. A constitutional court that simply reflects political interests will hardly be able to keep the necessary distance from politics. Hence, safeguards against a politicization of the court are of vital importance.Most countries with constitutional adjudication have some special provisions for the election or appointment of constitutional judges. If they are elected by parliament often a supermajority, like the one required for amending the constitution, is prescribed. This means that majority and minority must agree on one candidate, which makes extreme partisan appointments unlikely. Other countries prefer a mixed system of election and appointment by dividing the right to select constitutional judges among different bodies of government. In others, non-political actors are involved in the process, for instance representatives of the legal profession. It may be difficult to determine which system is the best. But it is not difficult to see that some barriers against the threat of a politically docile constitutional court must be erected if constitutionalism is to live up to its aspirations.3. Judicial independence is the constitutional safeguard against the threat arising from politicians to the judges' proper exercise of their function. It is directed against attempts to induce judges not to apply the law but to bend to political expectations. This is an external threat. But it would be naïve toassume that this is the only threat the functioning of the constitutional system is exposed to. There is an internal threat as well that comes from the judges themselves. It comes in two forms. One is the inclination to voluntarily follow, for what reasons ever, political expectations or even party lines. The other is the temptation to adjudicate according to one‘s own political preferences or ideas of what is just and unjust instead of following constitutional standards. The constitutional guarantee of judicial independence protects judges against politics, but it does not protect the constitutional system and society against judges who, for other reasons than direct political pressure, are willing to disobey or distort the law.Therefore, external independence must be accompanied by internal independence. The constitutional guarantee of judicial independence is not a personal privilege to decide at will, but a functional requirement. It shall enable judges to fulfil their function, namely to apply the law irrespectively of the interests and expectations of the parties to the litigation or powerful political or societal forces. It frees judges from extra-legal bonds, not to give them leeway in their decisions, but to enable them to decide according to the law. The reason for the independence from extra-legal bonds is to give full effect to the legal bonds to which judges are submitted. Submission to law is the necessary counterpart of judicial independence. Like for external independence, precautions can be taken for internal independence as well.However, since internal independence is largely a matter of professional ethics and individual character, the possibilities of the law are limited. Gross misbehaviour such as corruption can of course be outlawed and made a crime. Experience shows, however, that it is difficult to fight corruption within the judiciary when corruption is habitual among politicians and in society as well. This seems to be quite a problem in a number of new democracies. It is likewise justified to criminalize perversion of justice. But it is not easy to clearly distinguish perversion of justice from false or questionable interpretation of the law. This is why convictions because of perversion of justice are rare. Yet, criminalizing corruption and perversion of justice and removing judges from office who committed these crimes is not a violation of the independence of the judiciary.A more subtle misconduct is the willingness or pre-disposition to interpret the law in a way that is favourable to certain political views or to a party or a candidate for political office, either in general or in an individual case. This usually comes in the disguise of a legal argumentation that seeks to hide that, as a matter of fact, it is result-driven. This will not always occur intentionally. Self-deception of judges as to the motives of their judicial behaviour is not impossible. The problem is that this type of misconduct does not only appear in a number of new democracies. It can be observed in solid constitutional states as well. The decision of the US Supreme Court in Bush v. Gore in the year 2000 may serve as an example. There will hardly be a legal sanction in these cases. But there may be harsh public criticism or even a loss of trust in the judiciary to which no court can remain indifferent.II.1. Law owes its existence to a political decision. Political motives are legitimate in the process of law-making. But in a constitutional democracy the role of politics ends when it comes to applying the law. Application of the law is a matter for the legal system in which political motives are illegitimate. For this reason the division between law and politics is of crucial importance. But what if law application and in particular constitutional adjudication is in itself a political operation so that all attempts to separate law from politics on the institutional level are thwarted on the level of law application? This is a serious question, and it is a question that should not be confused with the abuse of judicial power which lies in the intentional non-application or misapplication of the law.Of course, constitutional adjudication is inevitably political in the sense that the object and the effect of constitutional court decisions are political. This follows from the very function of constitutional law, which is to regulate the formation and exercise of political power, and the function of constitutional courts, which consists in enforcing this law vis-à-vis politics. Constitutional courts are a branch of government. Excluding political issues from judicial scrutiny would be the end ofconstitutional review. Hence, the question can only be whether operations that judges undertake in order to find the law and to apply it to political issues are of a political or a legal character.This question arises because all analyses of the process of law application to concrete issues show that the text of the law is unable to completely determine judicial decisions. One of the reasons is that the law in general and constitutional law in particular is neither void of gaps and contradictions nor always clear and unambiguous, and it can hardly be different, given the fact that a legal system is a product of different times, reacting to various challenges, inspired by different interests or concepts of justice and depending on the use of ordinary language. Filling the gaps, harmonizing the contradicting provisions, rendering them precise enough for the decision of an issue is the task of the law applicants, in the last resort of the courts, which, in turn, draw profit from the efforts of legal science.But even if provisions are formulated as clearly and as coherently as possible they can raise questions when it comes to solving a concrete case. This incapacity to guarantee a full determination of legal decisions, even in the case of seemingly clear provisions, is inherent in the law because a law is by definition a general rule applicable to an indefinite number of cases arising in the future. This is why it must be formulated in more or less abstract terms. Consequently, there will always remain a gap between the general and abstract norm on the one hand and the concrete and individual case on the other. The judge has to find out what the general norm means with regard to the case at hand. This is achieved by interpretation, which always precedes the application of the norm. The general norm must be concretized to a more specific rule before the individual case can be decided.Like the task of filling gaps, harmonizing contradicting provisions, clarifying vague norms, the concretization contains a creative element. Norm application therefore is always to a certain extent norm-construction. The fact as such is undisputable. The degree can vary. It depends on a number of variables. The most important one is the precision of a norm. A narrowly tailored norm leaves less room for the constructive element whereas a broad or even vague norm requires a lot of concretization before it is ready for application to a case. Usually a constitution will contain more vague norms than, say, the code of civil procedure. This is certainly true for the guiding principles and for fundamental rights, less so for organizational and procedural norms. Another variable is the age of a norm. The older a norm the larger the number of problems that were not or could not have been foreseen by the legislature and thus raise questions of meaning and applicability.The mere fact that the law does not fully determine the judgment in individual cases is not sufficient to turn law application from a legal into a political operation. It remains a legal operation if what the judge adds to the text of the law in the process of interpretation has its basis in the text and can be derived from it in a reasonable argumentative manner. If not it becomes a political one. The task therefore is to distinguish between legal and non-legal arguments, be they political, economic or religious. This decision can only be taken within the legal system. No other system is competent to determine what counts as a legal argument. Within the legal system the distinction between a legal and a non-legal argument is the concern of methodology. By doing so methodology attempts to eliminate subjective influences from the interpretation of the law as far as possible. This is why the distinction between legal and non-legal operations in the course of law application becomes largely a question of legal method.Yet, different from the text of the law that is the product of a political decision and thus not at the disposition of judges, methodology is itself a product of legal considerations. It emerges in the process of interpreting and applying the law or is developed in scholarly discourse, but it is nowhere decreed authoritatively. This means at the same time that various methodologies can coexist and so can different variations of a certain methodological creed. Method is a matter of choice within the legal system. All historical attempts by legislators to prohibit interpretation or to prescribe a certain method have been in vain. They were themselves subject to interpretation. But the lack of one authoritative method does not mean that methodology can justify any solution and thus loses its disciplining effect on judges. Just as certain legal systems have their time in history methodologies have their time, too. There is usually a core of accepted arguments or operations and a number of arguments or operationsthat are regarded as unacceptable. The degree to which a method can succeed in eliminating all subjective elements from interpretation is controversial. There were and are methods that claim this capacity.2. A historically influential method that promised to eliminate subjective influences was legal positivism, not in its capacity as a theory of the validity of law opposed to all natural law theories, but in its capacity as theory of legal interpretation. For a positivist in this sense the legal norm consists of its text and nothing else, and the only instrument to discover the meaning of the text is philology and logic, i.e. not the legislative history, not the motives or the intent of the legislature, not the values behind the norm, not the social reality that brought forth the problems the norm was meant to solve and in which it is to take effect, not the consequences the interpretation may entail. There can be but one correct understanding of a norm and this remains correct as long as the norm is in force, no matter how the context changes.The problem with positivism was on the one hand that it could not fulfil its promise to eliminate all subjective influences on interpretation. Rather these influences were infused into the interpretation in a clandestine way, mostly in connection with the definition of the notions used by the legislature. On the other hand, positivism prohibited an adaptation of the law to social change by way of interpretation. Since the social reality in which the norm was to take effect was regarded as irrelevant for the interpretation a positivist could not even perceive of social change. Of course, a positivist would not have denied that, because of social change, a legal norm may miss its purpose and produce dysfunctional results. But this was regarded as a matter for the law-maker, not for the law-applicant. It was this deficit that largely contributed to the decline of positivism after the far-reaching social change in the wake of the Industrial Revolution and World War I.There is yet another influential theory of interpretation that claims to preclude all subjective influences, namely originalism. Different from positivism, originalists believe that only a historical method is the right way to ascertain the meaning of a legal norm. The law-applicant must give a norm, in particular a norm of the constitution, no meaning other than the one that the framers had had in mind. Sometimes originalism appears in a crude way that excludes the application of a norm to any phenomenon the framers could not have known. If the First Amendment to the U.S. Constitution protects the freedom of the press, this would not allow the law-applicant to extend the protection to radio and TV by way of interpretation. Sometimes originalism appears in a more enlightened form. The law-applicant is then permitted to ask whether the framers clearly would have included a new phenomenon had they known it at the time when the law was enacted. In this case it would be methodologically permissible to include radio and TV into the protection of the First Amendment by way of interpretation. But like a positivist an originalist is not prepared to acknowledge that there can be more than one sound interpretation of a norm and that the interpretation can legitimately change when the circumstances change in which it is applied.The problem with originalism is first a practical one. In most cases it is difficult or even impossible to know what the original understanding or the original intent was. It is the more difficult if many persons are involved in the process of constitution-making many of whom may not have expressed their understanding or intent. For this reason ascertaining the original intent or understanding is often a highly selective process, in which some utterances of actors are singled out and taken for the whole. The second problem is the same that positivism encountered. There is extremely limited or even no room at all for the adaptation of legal norms to social change. If social change affects the constitution adversely the only remedy is to amend the text, which can be extremely complicated in a country like the United States. The constitution tends to petrify, in opposition to the theory of a living constitution.Although one would have difficulties in finding positivists or originalists in Germany, these methodologies are by no means of historical interest only. Positivism, or more precisely a crude literal understanding, plays a considerable role in a number of post-communist countries and in parts of Latin America. Originalism has a stronghold in the United States in reaction to the activist Warren Court of the 1950s and '60s. In Germany, the idea that a legal method exists that can exclude any subjective。
国际公法_英文名解汇总_纲目版
国际公法英文名解汇总纲目版第一章国际法导论International law 国际法Jus civile 市民法Jus gentium 万民法Jus inter gentes = law of nations 万国法/万国公法Positive morality 实在道德International comity 国际礼让Treaty on European Union = Treaty of Maastricht 《欧洲联盟条约》/《马斯特里赫特条约》Naturalists 自然法学派Solidarists 社会连带法学派Normativists 规范法学派Positivists 实在法学派Sources of law = sources du droit = fontes juris 法律渊源Monism 一元论Dualism 二元论第二章国际法基本原则Jus cogens 强行法/强制法/绝对法Sovereignty 主权The Right of People to Self-determination 民族自决权第三章国际法主体Single State 单一国Federation 联邦Confederation 邦联Protected State 被保护国Permanent Ueutralized State 永久中立国Fundamental Right 基本权利Secondary Rights 派生权利Right of Independence 独立权Right of Equality 平等权Right of Self-preservation 自保权Right of Jurisdiction 国家管辖权Territorial Jurisdiction 属地管辖权/属地优越权Personal Jurisdiction = nationality jurisdiction = active personality principle 属人管辖权/国籍管辖/积极国籍管辖Protective Jurisdiction = passive personality principle 保护性管辖权/消极国籍管辖Universal Jurisdiction 普遍性管辖权Judicial immunities 外国国家的司法豁免权Recognition 国际法上的承认Effective control 有效统治Succession 国际法上的继承第四章国际法上的居民Nationality 国籍Inhabitant 居民Original nationality 原始国籍/出生国籍Jus sanguinis 血统主义Jus soli 出生地主义Acquired nationality 因加入而取得国籍Naturalization 入籍/归化Release 放弃（国籍）Deprive 剥夺（国籍）Dual nationality 双重国籍Active conflicts 国籍的积极抵触Stateless person 无国籍人Passive conflicts 国籍的消极抵触Alien 外国人Deportation 驱逐出境National treatment = doctrine of equality of treatment = NT 国民待遇/平等待遇原则International standard of treatment “文明世界”的“国际标准”/“最低标准”Most favorable national treatment = MFNT 最惠国待遇Differential treatment 差别待遇Extradition 引渡Principle of Non-extradition of Political Offenders 政治犯不引渡原则Attentat clause = Assassination Clause 行刺条款/比利时行刺条款/暗杀条款Principle of identity 相同原则/罪名同一原则/双重犯罪原则Principle of speciality 罪行特定原则Asylum 庇护Territorial asylum 领域庇护/域内庇护Extra-territorial asylum 域外庇护Refugee 难民Nansen passport 南森护照Convention refugees 公约难民Mandate refugees 章程难民Principle of non-refoulement 不推回原则/禁止驱逐、送还原则Diplomatic protection 外交保护Doctrine of continuous nationality 国籍连续原则Exhaustion of local remedies 用尽国内救济原则Calvo clause 卡尔沃条款Calvo doctrine 卡尔沃主义第五章国家法律责任International responsibility 国际法律责任/国际责任Primary rules 确定合法、非法的行为规则/是非规则/首要规则Secondary rules 国际法律责任规则/一般法律责任规则/责任规则/次级规则Distress 危难Necessity 危急情况Restitution 恢复原状Reparation 广义赔偿Compensation 狭义赔偿/经济赔偿Satisfaction 抵偿第六章领土法Land territory 领陆Territory Waters 领水Air space 领空Subsoil beneath state territory 底土Enclave 飞地Ownership 所有权Domination 统治权Condominium 共管Leased territory 租借International servitude 国际地役Internal waters 内水Internal rivers 内河Boundary rivers 界河Non-national rivers 多国河流International rivers 国际河流Inter-oceanic canals 通洋运河Occupation 先占/占领Vacant land 无主地Effective occupation 有效占领Prescription 时效Accretion 添附Cession 割让Conquest 征服Plebiscite 全民投票/全民公决Self-determination of peoples 民族自决The exchange of territory 交换领土Reversionary rights 收复失地Boundaries of state territory 国家边界第七章国际海洋法The common heritage of mankind 人类共同继承财产The United Nations Convention on the Law of the Sea 《联合国海洋法公约》Base line 基线Normal baseline 正常基线Straight baseline 直线基线Archipelagic baseline 群岛基线Innocent passage 无害通过Contiguous zone 毗连区/邻接区/海上特别区Exclusive economic zone 专属经济区Continental shelf 大陆架High seas 公海Flag of convenience 方便旗Right of visit 登临权/临检权Right of hot pursuit 紧追权Straits used for international navigation 用于国际航行的海峡Transit passage 过境通行Archipelagic waters 群岛水域Right of archipelagic sea lanes passage 群岛海道通过权International sea-bed area 国际海底区域Single exploitation system 单一开发制Parallel exploitation system 平行开发制第八章国际航空法Air defence identification zone = ADIZ 防空识别区/空中识别区Cabotage 国内载运权The International Civil Aviation Organization = ICAO 国际民用航空组织Dol = wilful misconduct （承运人的）加害行为/故意造成损害的不法行为/故意的行为/不在乎地不顾后果的行为Two tier liability “双梯度”责任制度/两级责任制Aut dedere aut judicare 或引渡或起诉原则Aut dedere aut punier 或引渡或处罚第九章外层空间法Outer space 外层空间第十章国际环境法Sustainable development 可持续发展Pollution from vessels 船舶污染Pollution by dumping 控制海洋倾倒Pollution from land-based sources 陆源污染第十一章外交关系法Consular provision 委任文凭Consular exequatur 领事证书Diplomatic relations 外交关系Consular relations 领事关系Diplomatic Privileges andImmunities外交特权与豁免第十三章国际条约法The Vienna Convention on the Law of Treaties 《维也纳条约法公约》Treaty 条约Convention 公约Convention 专约Agreement 协定Protocol 议定书Final act 最后议定书/蒇事议定书Covenant 盟约Charter 宪章Statute 规约Exchange of Notes 换文Declaration 宣言Joint statement 联合声明Bilateral treaty 双边条约Multilateral treaty 多边条约Negotiation （条约）谈判Full power 全权证书Adoption 议定Authentication 认证Signature 签署Ratification 批准Accession 加入Reservation 保留Registration 登记Publication 公布Pacta sunt servanda 条约必须遵守原则Pacta tertiis nec nocent nec prosunt 约定对第三者既无损，也无益Termination 条约的终止Invalidation 条约的失效Suspension 条约的暂停施行/条约的中止/条约的停止施行Interpretation 条约的解释Revision 条约的修订Amendment 条约的修正Modification 条约的修改第十四章国际组织法International organization 国际组织Inter-governmental organization 政府间组织International institutional law 国际组织法Concert of Europe 欧洲协商Non-governmental organization 非政府间国际组织Organization of petroleum exporting countries = OPEC 石油输出机构/石油输出国组织Organization for economic cooperation and development = OECD 经济协力开发机构/经济合作与发展组织/经合组织General Assembly 联合国大会Security Council 安全理事会/安理会Economic and Social Council 经济与社会理事会/经社理事会Trusteeship Council 托管理事会International Court of Justice 国际法院Secretariat 秘书处Specialized International Organization 专门性国际组织Specialized Agencies 联合国专门机构International telecommunication union = ITU 国际电信联盟Universal postal union = UPU 万国邮政联盟World meteorological organization = WMO 世界气象组织World health organization = WHO 世界卫生组织International labour organization = ILO 国际劳工组织Food and Agriculture Organization of the United Nations = FAO 联合国粮食及农业组织/联合国粮农组织United Nations Educational,Scientific,and Cultural Organization = UNESCO 联合国教科文组织International monetary fund = IMF 国际货币基金组织International bank for reconstruction and development = IBRD 国际复兴开发银行/世界银行International civil aviation organization = ICAO 国际民用航空组织International finance corporation = IFC 国际金融公司International maritime organization = IMO 国际海事组织International development association = IDA 国际开发协会World intellectual property organization = WIPO 世界知识产权组织International fund of agricultural development = IFAD 国际农业发展基金（组织）United Nations Industrial Development Organization = UNIDO 联合国工业发展组织World trade organization = WTO 世界贸易组织International atomic energy agency = IAEA 国际原子能机构Collective security 集体安全保障Peace-keeping operations = PKO 联合国维持和平行动Regional organization 区域性国际组织Organization of American States = OAS美洲国家组织Arab League = League of Arab States = AL = LAS 阿拉伯国家联盟/阿拉伯联盟/阿盟African union = AU 非洲联盟/非盟Organization of African Unity = OAU 非洲统一组织/非统组织Association of Southeast Asian Nations = ASEAN 东南亚国家联盟/东盟European community = EC 欧洲共同体ECSC 欧洲煤钢共同体EUBATOM 欧洲原子能共同体EEC 欧洲经济共同体European union = EU 欧洲联盟Shanghai Cooperation Organization =SCO 上海合作组织/上合组织Asian-Pacific Economic Cooperation organization = APEC 亚太经合组织第十五章国际人权法Human Rights 人权The responsibility to protect 保护的责任The Universal Declaration of Human Rights 《世界人权宣言》The International Covenant on Civil and Political Rights 《公民权利和政治权利国际公约》The International Covenant onEconomic,Social and Cultural Rights 《经济、社会和文化权利国际公约》第十六章国际刑法International criminal law 国际刑法International crimes 国际犯罪The direct enforcement model 直接执行模式The indirect enforcement model 间接执行模式International penal judicial assistance 国际刑事司法协助Extradition 引渡Principle of non-extradition of political offenders 政治犯不引渡原则Assassination Clause = Attentat clause 行刺条款/暗杀条款/比利时行刺条款Transfer jurisdiction of criminal procedure 刑事诉讼移管/刑事诉讼移转管辖Recognition and enforcement of foreign penal judgements 外国刑事判决的承认和执行International criminal jurisdiction 国际刑事管辖第十七章国际争端法International disputes 国际争端Legal disputes = justiciable disputes 法律性质的争端/可裁判的争端Political disputes = Non-justiciable disputes 政治性质的争端/不可裁判的争端Compulsive means 强制方法Negotiation 谈判Consultation 协商Good office 斡旋Mediation 调停International inquiry 国际调查/调查Conciliation 和解/调解Bryan peace treaties 《布赖恩和平条约》/冷却条约International arbitration 国际仲裁/国际公断Jay treaty 杰伊条约Permanent court of arbitration 常设仲裁法院Judicial settlement 司法解决The permanent court of international justice 常设国际法院International court of justice 国际法院Contentious jurisdiction 诉讼管辖权Optional compulsory jurisdiction 任意强制管辖Connally reservation 康纳利保留条款Advisory jurisdiction 咨询管辖权Regional agency = Regional arrangement 区域机关/区域办法第十八章战争法Law of war 战争法Law of armed conflict 武装冲突法Animo belligerendi 交战意向Jus ad bellum 诉诸战争权Suspension of arms 停战Surrender 投降International humanitarian law 国际人道法Crimes against humanity 违反人道罪War time neutrality 战时中立War neutrality law 战时中立法Permanent neutralized state 永久中立国/中立化国家War crimes 战争犯罪。
完整word版联合国海洋法公约中英文
relationship betwee n Government and busine ss. T he wo se ssions, General Se cretary of Pro, clear the wor d succinctly summarized t he new relationship betwee n Gov ernment a nd business, as pure politi cs, resha ping the political relationship specified i n the directi on. District le aders i n handling political and busi ness relations, engage in tradi ng power for money, and finallystumbl ed, we a lesson, always kee p in mind that Pro, cl ean pra cticing Pro, clear. Pr o is to open a sincere engagement wit h private enterprise t o help solve practical difficulties; Clear is to clarify the Division of pow er, exercised i n accordance with, private e nt repre neurs with i nnoce nt purity, not abusi ng power for per sonal gain, not to engage in tra ding power for money. Third, in order t o maintain fairness and justice. Fairness and justice i s the lifeline of the rule of law, is t he be st development environme nt. Currentl y, lax law enforcement a nd t he judicial sector in our regi on al so exist t o varying degrees, la wenforcement departments a nd individual window units power for persona l gains and bribes, thick friends, relations, human cases, money cases in which seriously infringe on the legitimate rights and i nterests of enterpri ses and pe ople. Especially some law e nforcement and inspe ction for profit purpose s, deliberately looking for cor porate loophol es, found dire ctly under the ti cket does not give business impr ovement opportunities. We re cruit a company doesn't easily, cultivati ng a business more difficult, never for personal gai n, systemati c harassment, card, last checked to check to get the enter prise collapse d. og uarantee t he legitimate rig hts a nd interests. Al ways procee d from the overall situati on of reform and devel opment of services, fully consider the chara cteristics of pr oduction a nd management i n non-public enterprises and social benefits, an a ccurate grasp of legal limits, protect the enthusia sm of entre preneurs a nd practitioners in innovation and e ntrepre neurship, enhancing expectations a nd confi dence. To promote strict enforcement. Strengthening law enforcement procedures, impr ove law enforcement performance evaluation, strengthening the supervi sion of law e nforcement, explorati on and practice of risk control mechanism of lawe nforcement to further standardize the social security, urba n management, road trafficadmi nistrative law enfor cement, effectively free, extensive law-enfor cement and lax enforcement of law enforcement and ot her issues. o uphol d justi ce. Justice is the last li ne of Defe nse to safeguard fairne ss a nd justice, to unequivocall y support the courts and procuratorates independently exerci se level ... Judicial activities were rampa nt, must not be allowe d to run, favors, money, must not be allowed to knowingly violate the miscarriage,vi olations of the l egitimate rights and interests of the masses must not be allowed to a buse of power, to make forest mass ca n be felt in every judicial cases i n equity and justice. Four todee pen grass-r ootsgovernance according to law【标题】１９８２年联合国海洋法公约(附英文)【分类】国际海事【时效性】有效【颁布时间】1982.12.10【实施时间】1982.12.10【发布部门】蒙特哥湾目录第Ⅰ部分用语和范围第Ⅱ部分领海和毗连区第１节一般规定第２节领海的界限第３节领海的无害通过第４节毗连区第Ⅲ部分用于国际航行的海峡第１节一般规定Grass-roots g overna nce according to law i s an importa nt foundation for pr omoting the constr uction of rule of la w, but also the most ba sic development e nvironment. Despite my good social order in General, but there are law-a biding consciousness, social order i s not standard, regardless of faith, Twining visit visit and other outstanding problems. We want t o actively promote the f ield of multi-level governa nceaccor ding to law, promote the continuous improvement of the socia l environment. o promote universal compliance. Actively foster the rule of law culture, carry out law publicity and e ducation on honesty a ndtr ustworthine ss, guide the masse s and consciously abi de by t he law, failing to find method, problem-solving method, method of graduallycha nging the world, he is not l ooking for but some湯?unspoken rule s, formed all law lawabide by t he good atmosphere. To strengthe n the comprehensive ma nagement of public security. Deepening peace xingan constr uction, stronglyagainst viole nce crime, mafia and serious criminal offences, to protect the legitimate rights a nd interests of citizens, legal persons, carry out criminal policy of temper justice with mercy, the maximum stimulating social vitality, and earnestly safeguard social harmony and stabilit y. To resolve social confli cts by law. To further sm ooth channels of reporting soci al conditi ons and public opi nion, improving regulati on, arbitration, as well a s dispute resolutionme cha nisms, implement f ully the petitioners ' ca ses hir d-party hearings and supervising system of letters and calls, and to resolve the involved law lawsuit into the orbit of rule of law, vexatious, Twini ng visit visit, distur bing social order and other mali cious extortion, resolutely crack dow n. Five, impr oving cadres Vitale, provide str ongpr otection for forest developme nt XI General Secretary stressed that the com prehe nsive revitaliza tion in Northeast China, needs a high quality, solid style, cadres of the dare to play. Cadre cadres is a pledge, shouldwant to do work and able to do good, enthusiasm is paramount. Treat party ca dres, it is necessary to Strict management, and warm care, enable the br oad masses of cadres work har d work, this is tw o parallelprinciple s. In strict accor dance with the sta ndard s of good cadres selecti on and a ppoint ment, the real officer s, dare officers, those who wa nt to play, good as excellent cadre s at all levels of lea dership in the past. At present, some l eadi ng cadres work i nitiative is not high, beyond politi cal, idle, lazy governa nce g overna nce, not a s, slow, messy and a phenomenon still exist t o varying de grees, affected and restricted economic and social development. We must mobilize the enthusiasm of ca dres as an urgent task, adhere to combination of incentives and constraints, and adhere to the strict management and warm care, practi cal solutionor the officers not to problem, m otivate cadres and better lead the masses to an undertaking, t he ca dres and create t he new achievement i n a dare to play, em, accurate pulseprobl dentify the s as new. To igood at showrelationship betwee n Government and busine ss. T he wo se ssions, General Se cretary of Pro, clear the wor d succinctly sum marized t he new relationship betwee n Gov ernment a nd business, as pure politi cs, resha ping the political relationship specified in the direction. District leaders i n handling political and busi ness relations, engage in tradi ng power for money, and finally stumbl ed, we a lesson, always kee p in mind that Pro, cl ean pra cticing Pro, clear. Pro is to open a sincere engagement wit h private enterprise t o help solve practical difficulties; Clear is to clarify the Division of pow er, exercised i n accordance with, private entrepre neurs with i nnoce nt purity, not abusi ng power forper sonal gain, not to e ngage in trading power for money. Third, in order t o maintain fairness and justice. Fairness and justice i s the lifeline of the rule of law, is t he be st development environme nt. Currentl y, lax law enforcement a nd t he judicial sector in our regi on al so exist t o varying degrees, la wenforcement departments a nd individual window units power for persona l gains and bribes, thick friends, relations, human cases, money cases i n which seriously infringe on the legitimate rights and i nterests of enterpri ses and people. Especially some lawe nforcement and inspection for pr ofit purpose s, deliberately looking for cor porate loophol es, found directly under the ti cket does not give business improvement opportunities. We re cruit a company doesn't easily, cultivati ng a busines s more difficult, never for personal gain, systematic harassment, card, last checked to check to get the enter prise collapse d. o guarantee t he legitimate rig hts a nd i nterests. Always procee d from the overall situati on of reform and devel opment ofservi ces, f ully consider the chara cteristics of pr oduction a nd management i n non-public enterprises and social benefits, an a ccurate grasp of legal limits, protect the enthusia sm of entre preneurs a nd practitioners in innovation and e ntrepre neurship,enhancing expectations a nd confi dence. To promote strict enforcement. Strengthening law enforcement procedures, impr ove law enforcement performance evaluation, strengthening the supervi sion of lawe nforcement, explorati on and practice of risk control mechanism of law e nforcement to further standardize the social security, urba n management, road traffic admi nistrative law enfor cement, effectively free, extensive law-enfor cement and lax enforcement of law enforcement and ot her issues. o uphol d justi ce. Justice is the last li ne of Defense to safeguard fairne ss a nd justice, to unequivocall y support the courts and procuratorates independently exercise level ... Judi cial activities were rampant, must not be allowe d to run, favors, money,must not be allowed to knowingly violate the miscarriage, vi olations of the l egitimate rights and interests of the masses must not be allowed to a buse of power, to make forest mass ca n be felt in every judicial cases in equity and justice. Four to dee pen grass-r ootsgovernance according to law第２节过境通行第３节无害通过第Ⅳ部分群岛国第Ⅴ部分专属经济区第Ⅵ部分大陆架第Ⅶ部分公海第１节一般规定第２节公海生物资源的养护和管理第Ⅷ部分岛屿制度第Ⅸ部分闭海或半闭海第Ⅹ部分内陆国出入海洋的权利和过境自由第Ⅺ部分“区域”第１节一般规定第２节支配“区域”的原则第３节“区域”内资源的开发Grass-roots governance a ccording to law is a n important foundation for promoting the construction of rule of law, but al so the most basic development environment. Despite my good social order in General, butthere are law-a biding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the f ield of multi-level governance according to law, pr omote the continuous improvement of the sociale nvironment. To pr omote universal compliance. Actively foster the r ule of law culture, carry out law publicity a nd educati on on honesty andtr ustworthiness, guide the masses and consci ously abi de by the law, failing to find method, problem-solving method, method of gradually changi ng the worl d, he is not looking for but some one %unspoken r ules, formed all law law, abide by the good atmosphere. o strengthen the comprehensive ma nagement of public securit y. Dee pening peace xi ngan constr uction, str onglyshould dres is a pledge, dare to pla y. Cadre cation in Northeast China, needs a high quality, solid styl e, ca dres of the ssed t ive, improvi nd other malici ous extortion, resol utely crack down. Fng cadres Vitale, provide strong prote ction for forest development XI Ge neral Secretary stre hat the comprehensive revitalizang visit visit, disturhe orsing system of letters a nt fully the s well as nion, improvi ons a ooth ony and stability. social vitality, acarry out criminal he legitimate rights and interestcrime, mafia and against viole nce serious criminal offences, to protect ts of citizens, legal persons, policy of temper justice with mercy, the maximum stimulating nd ear nestly safeguar d social harm To resolve social confli cts by law. To further sm channels of reporting social conditi nd public opi ng regulati on, ar bitration, a dispute resoluti on mechani sms, implemepetitioners ' cases hird-party heari ngs and supervind calls, and to resolve the involved law lawsuit into tbit of rule of la w, vexatious,Twini bing social order adare to play,w achievement in a dres and create t he ne, the cas to an cadres and better leas not to prctical soluti ct management and and combi s an urgenthusiasm c and social development. We m grees, affected and restricted non still exist to varyince, not as, sl, idle high, ork initiative iding st. At preseof leadership ient ca ho wament, the real officers, dare officernd a lectids of good cah the sta ciples. In strict a s two parallhard woad masses of ca nable tcessary to Strict manageme husiasm is param want to do work and able to do good, entount. Treat party cadres, it is nent, and warm care, ehe br dres work ork, this iel princcordancewit ndardres seon a ppoint s, those w nt to play, good as excell dres at all levels n the pant, some lea cadres ws not beyond political, lazy governance governaow, messy and a phenome ng deeconomiust mobilize the eof cadres a nt task, adhere to nation of incentives a constraints, a dhere to the strind warm care, pra onor the officer oblem, motivate d the masseundertaking2em, accurate pulseprobl dentify the s as new. To igood at showrelationship betwee n Government and busine ss. T he wo se ssions, General Se cretary of Pro, clear the wor d succinctly summarized the new relationship betwee n Gov ernment a nd business, as pure politi cs, resha ping the political relationship specified i n the direction. District leaders i n handling political and busi ness relations, engage in tradi ng power for money, and finally stumbl ed, we a lesson, always kee p in mind that Pro, cl ean pra cticing Pro, clear. Pr o is to open a sincere engagementwit h private enterprise t o help solve practical difficulties; Clear is to clarify the Division of pow er, exercised i n accor dancewit h, private entrepre neurs with i nnoce nt purity, not abusi ng power for per sonal gain, not to engage in tra ding power for money. Third, in order t o maintain fairness and justice. Fairness and justice i s the lifeline of the rule of law, is t he be st development environme nt. Currentl y, lax law enforcement a nd t he judicial sector in our regi on al so exist t o varying degrees, la wenforcement departments a nd individual window units power for persona l gains and bribes, thick friends, relations, human cases, money cas es i n which seriously infringe on the legitimate rights and i nterests of enterpri ses and pe ople. Especially some law enforcem ent and inspection for pr ofit purpose s, deliberately looking for cor porate loophol es, found dire ctly under theti cket does not give business improvement opportunities. We re cruit a company doesn't easily, cultivati ng a business more difficult, never for personal gai n, systematic harassment, card, last checked to check to get the enter prise collapse d. og uarantee t he legitimate right s a nd i nterests. Always procee d from the overall situati on of reform and devel opment of services, fully consider the characteristics of production a nd management i n non-public enterprises and social benefits, an a ccurate grasp of legal limits, protect the enthusia sm of entre preneurs a nd practitioners in innovation and e ntrepre neurship, enhancing expectations a nd confi dence. To pr omote stri ct enforcement. Strengthening law enforcement procedures, impr ove law enforcement performance evaluation, strengthening the supervi sion of law e nforcement, explorati on and practice of risk control mechanism of law e nforcement to further standardize the social security, urba n management, road trafficadmi nistrative law enfor cement, effectively free, extensive law-enfor cement and lax enforcement of law enforcement andot her issues. o uphol d justi ce. Justice is the last li ne of Defe nse to safeguard fairne ss a nd justice, to unequivocall y support the courts and procuratorates independently exerci se level ... Judicial a ctivities were rampa nt, must not be allowe d to run, favors, money, must not be allowed to knowingly violate the miscarriage, violations of the legitimate rights and interests of the masses must not be allowed to a buse of power, to make forest mass ca n be felt in every judicial cases in equity and justice. Four todee pen grass-r ootsgovernance according to law第４节管理局第５节争端的解决和咨询意见第Ⅻ部分海洋环境的保护和保全第１节一般规定第２节全球性和区域性合作第３节技术援助第４节监测和环境评价第５节防止、减少和控制海洋环境污染的国际规则和国内立法第６节执行第７节保障办法第８节冰封区域第９节责任第１０节主权豁免第１１节关于保护和保全海洋环境的其他公约所规定的义务第ＸＩＩＩ部分海洋科学研究Grass-roots governance a ccording to law is a n important foundation for promoting the construction of rule of law, but al so the most basic development environment. Despite my good social order in General, but there are law-a biding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote t he field of multi-level governance according to law, pr omote the continuous improvement of the sociale nvironment. To pr omote universal compliance. Actively foster the r ule of law culture, carry out law publicity a nd educati on on honesty andtr ustworthiness, guide the masses and consci ously abide by the law, failing to find method, problem-solving method, method of gradually changi ng the worl d, he is not looking for but someone %unspoken rules, formed all law law, abide by the good atmosphere. o strengthen t he comprehensive management of public securit y. Dee pe ning peace xingan constr uction, str onglyshould dres is a pledge, dare to play. Ca dre cation in Northeast China, needs a high quality, solid styl e, cadres of the hat the compre ng cadre nd other malicious extortion, resol utely crack down. Five, improvis Vitale, provide strong prote ction for forestdevelopment XI General Secretary stre ssed thensive revitaliza bing social bit of rule of la nd calpetitioners ' cases hirddispute resoluti ng regulati nd cha To resolve social nd earcy of temper justice wit ns, legal nal offences, to against viole nce crime, mafia and serious crimiprotect t he legitimate rights and interest s of citizepersons, carry out criminal polih mercy, the maximumstim ulating social vitality, anestly safeguar d social harm ony and stability. confli cts by law. To further sm ooth nnels of reporting social conditi ons a public opi nion, improvi on, ar bitration, as well as on mechanisms, impleme nt fully the -party heari ngs and supervising system of letters als, and to resolve the involved law lawsuit into the or w, vexatious, Twining visit visit, distur order adare to play,w achievement in a dres and create t he ne, the cas to an cadres and better lea s not to prctical soluti ct management and and combis an urge nthusiasm c and social development. We m grees, affected and restricted ist to varyi, messy and a phenomence, not as, sl, idle high, ork initiative i ding st. At preseof leadership ient ca ho wament, the real officers, dare officernd a lecti ds of good ca h the sta el principles. In strict a ork, this idres work he brnt, and warm care, eount. Treat party cadres, it is nee to do good, entwant to do work and abl husiasm is param cessary to Strict managemenable t oad masses of cahard w s twoparall ccordance wit ndardres seon a ppoint s, those w nt to play, good as excelldres at all levels n the pant, some lea cadres ws not beyond political, lazy governance governaow non still exng deeconomiust mobilize the eof cadres a nt task, adhere to nation of incentives a constraints, a dhere to the strind warm care, pra onor the officer oblem, motivate d the masseundertaking3em, accurate pulseprobl dentify the s as new. To igood at showrelationship betwee n Government and busine ss. T he wo se ssions, General Se cretary of Pro, clear the wor d succinctlysum marized t he new relationship betwee n Gov ernment a nd business, as pure politi cs, resha ping the political relationship specified in the direction. District leaders i n handling political and busi ness relations, engage in tradi ng power for money, and finally stumbl ed, we a lesson, always kee p in mind that Pro, cl ean pra cticing Pro, clear. Pro is to open a sincere engagementwit h private enterprise t o help solve practical difficulties; Clear is to clarify the Division of pow er, exercised i n accordance with, private entrepre neurs with i nnoce nt purity, not abusi ng power for per sonal gain, not to e ngage in trading power for money. Third, in order t o maintain fairness and justice. Fairness and justice i s the lifeline of the rule of law, is t he be st development environme nt. Currentl y, lax law enforcement a nd t he judicial sector in our regi on al so exist t o varying degrees, la wenforcement departments a nd individual window units power for persona l gains and bribes, thick friends, relations, human cases, money cases i n which seriously infringe on the legitimate rights and i nterests of enterpri ses and people. Especially some law e nforcement and inspection for pr ofit purpose s, deliberately looking for cor porate loophol es, found directly under theti cket does not give business improvement opportunities. We re cruit a company doesn't easily, cultivati ng a busines s more difficult, never for personal gain, systematic harassment, card, last checked to check to get the enter prise collapse d. o guarantee t he legitimate rig hts a nd i nterests. Always procee d from the overall situati on of reform and devel opment of servi ces, f ully consider the chara cteristics of pr oduction a nd management i n non-public enterprises and social benefits, an a ccurate grasp of legal limits, protect the enthusia sm of entre preneurs a nd practitioners in innovation and e ntrepre neurship, enhancing expectations a nd confi dence. To promote strict enforcement. Strengthening law enforcement procedures, impr ove law enforcement performance evaluation, strengthening the supervi sion of law e nforcement, explorati on and practice of risk control mechanism of law e nforcement to further standardize the social security, urba n management, road trafficadmi nistrative law enfor cement, effectively free, extensive law-enfor cement and lax enforcement of law enforcement andot her issues. o uphol d justi ce. Justice is the last li ne of Defense to safeguard fairne ss a nd justice, to unequivocall y support the courts and procuratorates independently exercise level ... Judi cial activities were rampant, must not be allowe d to run, favors, money, must not be allowed to knowingly violate the miscarriage, vi olations of the l egitimate rights and interests of the masses must not be allowed to a buse of power, to make forest mass ca n be felt in every judicial cases in equity and justice. Four todee pen grass-r ootsgovernance according to law第１节一般规定第２节国际合作第３节海洋科学研究的进行和促进第４节海洋环境中科学研究设施或装备第５节责任第６节争端的解决和临时措施第ＸＩＶ部分海洋技术的发展和转让第１节一般规定第２节国际合作第３节国家和区域性海洋科学和技术中心第４节国际组织间的合作第ＸＶ部分争端的解决第１节一般规定第２节导致有拘束力裁判的强制程序第３节适用第２节的限制和例外Grass-roots governance a ccording to law is a n important foundation for promoting the construction of rule of law, but al so the most basic development environment. Despite my good social order in General, but there are law-a biding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the f ield of multi-level governance according to law, pr omote the continuous improvement of the sociale nvironment. To pr omote universal compliance. Actively foster the r ule of law culture, carry out law publicity a nd educati on on honesty andtr ustworthiness, guide the masses and consci ously abi de by the law, failing to find method, problem-solving method, method of gradually changi ng the worl d, he is not looking for but some one %unspoken r ules, formed all law law, abide by the good atmosphere. o strengthen the comprehensive ma nagement of public securit y. Dee pening peace xi ngan constr uction, str onglyshould dres is a pledge, dare to pla y. Cadre cation in Northeast China, needs a high quality, solid styl e, ca dres of the ssed t ive, improvi nd other malici ous extortion, resol utely crack down. Fng cadres Vitale, provide strong prote ction for forestdevelopment XI Ge neral Secretary stre hat the comprehensive revitalizang visit visit, disturhe orsing system of letters a nt fully the s well as nion, improvi ons a ooth ony and stability. social vitality, acarry out criminal he legitimate rights and interestcrime, mafia and against viole nce serious criminal offences, to protect ts of citizens, legal persons, policy of temper justice with mercy, the maximum stimulating nd ear nestly safeguar d social harm To resolve social confli cts by law. To further sm channels of reporting social conditi nd public opi ng regulati on, ar bitration, a dispute resoluti on mechani sms, implemepetitioners ' cases hird-party heari ngs and supervind calls, and to resolve the involved law lawsuit into tbit of rule of la w, vexatious,Twini bing social order adare to play,w achievement in a dres and create t he ne, the cas to an cadres and better leas not to prctical soluti ct management and and combi s an urgenthusiasm c and social development. We m grees, affected and restricted non still exist to varyince, not as, sl, idle high, ork initiative iding st. At preseof leadership ient ca ho wament, the real officers, dare officernd a lectids of good cah the sta ciples. In strict a s two parallhard woad masses of ca nable tcessary to Strict manageme husiasm is param want to do work and able to do good, entount. Treat party cadres, it is nent, and warm care, ehe br dres work ork, this iel princcordancewit ndardres seon a ppoint s, those w nt to play, good as excell dres at all levels n the pant, some lea cadres ws not beyond political, lazy governance governaow, messy and a phenome ng deeconomiust mobilize the eof cadres a nt task, adhere to nation of incentives a constraints, a dhere to the strind warm care, pra onor the officer oblem, motivate d the masseundertaking4em, accurate pulseprobl dentify the s as new. To igood at showrelationship betwee n Government and busine ss. T he wo se ssions, General Se cretary of Pro, clear the wor d succinctly summarized the new relationship betwee n Gov ernment a nd business, as pure politi cs, resha ping the political relationship specified i n the direction. District leaders i n handling political and busi ness relations, engage in tradi ng power for money, and finally stumbl ed, we a lesson, always kee p in mind that Pro, cl ean pra cticing Pro, clear. Pr o is to open a sincere engagementwit h private enterprise t o help solve practical difficulties; Clear is to clarify the Division of pow er, exercised i n accor dancewit h, private entrepre neurs with i nnoce nt purity, not abusi ng power for per sonal gain, not to engage in tra ding power for money. Third, in order t o maintain fairness and justice. Fairness and justice i s the lifeline of the rule of law, is t he be st development environme nt. Currentl y, lax law enforcement a nd t he judicial sector in our regi on al so exist t o varying degrees, la wenforcement departments a nd individual window units power for persona l gains and bribes, thick friends, relations, human cases, money cas es i n which seriously infringe on the legitimate rights and i nterests of enterpri ses and pe ople. Especially some law enforcem ent and inspection for pr ofit purpose s, deliberately looking for cor porate loophol es, found dire ctly under theti cket does not give business improvement opportunities. We re cruit a company doesn't easily, cultivati ng a business more difficult, never for personal gai n, systematic harassment, card, last checked to check to get the enter prise collapse d. og uarantee t he legitimate right s a nd i nterests. Always procee d from the overall situati on of reform and devel opment of services, fully consider the characteristics of production a nd management i n non-public enterprises and social benefits, an a ccurate grasp of legal limits, protect the enthusia sm of entre preneurs a nd practitioners in innovation and e ntrepre neurship, enhancing expectations a nd confi dence. To pr omote stri ct enforcement. Strengthening law enforcement procedures, impr ove law enforcement performance evaluation, strengthening the supervi sion of law e nforcement, explorati on and practice of risk control mechanism of law e nforcement to further standardize the social security, urba n management, road trafficadmi nistrative law enfor cement, effectively free, extensive law-enfor cement and lax enforcement of law enforcement andot her issues. o uphol d justi ce. Justice is the last li ne of Defe nse to safeguard fairne ss a nd justice, to unequivocall y support the courts and procuratorates independently exerci se level ... Judicial a ctivities were rampa nt, must not be allowe d to run, favors, money, must not be allowed to knowingly violate the miscarriage, violations of the legitimate rights and interests of the masses must not be allowed to a buse of power, to make forest mass ca n be felt in every judicial cases in equity and justice. Four todee pen grass-r ootsgovernance according to law第ＸＶＩ部分一般规定第ＸＶＩＩ部分最后条款附件Ⅰ高度回游鱼类（略）附件Ⅱ大陆架界限委员会探矿、勘探和开发的基本条件附件Ⅲ企业部章程附件Ⅳ调解附件Ⅴ按照第ＸＶ部分第１节的调解程序第１节按照第ＸＶ部分第３节提交的强制调解程序第２节国际海洋法法庭规约附件Ⅵ。
英语国家概况复习资料
英语国家概况复习资料1. The highest mountain peak in Britain is in Scotland.2. British climate has more rainy days and more fogs with changeability.3. British has a temperate, maritime climate4. Britain's most important natural resources are coal and petroleum.5. The English people are descendants of Anglo-Saxons.6. The established church of Britain is the Church of England.7. The major languages spoken in Britain are English, Gaelic, and Welsh.8. The Roman Catholic Church was much persecuted in England for a long time after the Reformation.9. By the 1890s', Britain had been overtaken by the US and Germany in economy.10. Under Mrs. Thatcher, British economy in the 1980s' gradually recovered.11. The negative aspect of Thatcher's reform was a rapid increase in taxation.12. The Bank of England advises government on the formulation of monetary policy andplays an important part in making agreed policy effective and acts as a clearinghouse.13. Britain has no written constitution, and still keeps an old-fashioned government.British government is established on the basis of constitutional monarchy.14. The British government ministers are responsible to Parliament for the work of their department.15. The present sovereign of Britain is Queen Elisabeth Ⅱ, and Prince Charles is the heir to the throne.16. Theoretically, the Queen has all the power, but in reality, she must act on the advice of the ministers.17. The Liberal Democratic is seen as the party of the "middle", occupying theideological ground between the two main parties.18. The general election in Britain is held every 5 years.19. The Conservative Party developed out of the Tory Party, while the Liberal Party developed outof the Whig Party.20. Punishment in Britain is in the form of fine and imprisonment. The death penalty formurder was completely abolished in the year of 1969.21. The earliest settlers on the British Isles were the Iberians.22. Kent, one of the British early kingdoms, was set up by the Jutes.23. The Romans under Claudius conquered Britain in A.D. 43.24. Henry Ⅱis best remembered for his reform of laws and courts.25. Edward Ⅲlaunched the Hundred Years' War.26. Wars of Roses were fought intermittently between the Lancastrians and the Yorkistsfrom 1455 to 1465.27. The Enclosure of land turned a large number of peasants into landless.28. The Restoration of Charles Ⅱtook place in the year of 1660.29. The British Industrial Revolution first began in the textile industry.30. James Hargreaves invented the "spinning Jenny".31. After the Seven Years’ War England became the strongest sea power and dominated world trade.32. Oliver Twist was written by Charles Dickens.33. The British Empire reached the peak of its colonial expansion after the Anglo-BoerWar.34. China and Britain established the diplomatic relations at the ambassadorial rank in the year of 1972.35. The British Empire began with the founding of Newfoundland in 1583, and fell afterthe end of the Second World War.36. The two imperialist blocks that had been formed just before the outbreak of WorldWar Ⅰwere Triple Alliance and Triple Entente.37. Universities that were founded between 1850 and 1930 are called Redbrick universities.38. All universities in Britain are private institutions.39. Independent schools in Britain are private educational institutions.40. Any child may attend, without paying fees, a state school in Britain.41. The continental United States is situated in the southern part of North America.42. Alaska was bought by the United States from Russia after the end of the America n Civil War.43. The State of Alaska is the largest in the area of all the 50 states.44. The famous Niagara Falls are located on the US-Canadian boundary between LakeErie and Lake Ontario.45. The State of California is the largest in population today.46. People in the US have kept moving westward for reasons except religious freedom.47. Black people in the US are descended from Negro slaves imported from Africa.48. In the 19th century a large number of Chinese were shipped to America as "coolies".49. In the industrial capitalism stage American economy developed rapidly.50. The West of the United States is an important mining area.51. The automobile is the most popular means of transportation in the United States.52. The United States government began to pursue a protectionist policy in trade in the 1970s'.53. The President of the United States exercises the executive power.54. President has the veto power in legislation in the United States.55. The number of Representatives is fixed at 435.56. The Judicial branch of the US government is headed by the Supreme Court.57. Two political parties emerged in the middle of the 19th century United States over the issue of slavery.58. The General Election in the United States is held every four years.59. The two parties in the US depend on monopolists for their election money.60. If a President dies or resigns or is removed from office, the Vice President succeeds him.61. Christopher Columbus was an Italian navigator.62. The Puritans' first settlement on North America was Plymouth.63. Influenced by Marco Polo's famous travel book, kings, lords and merchants inWestern Europe were eager to find sea routes to the Far East.64. In the 18th century, people in Europe began to believe that natural laws guided the universe.65. James Madison was known as the "Father of the Constitution".66. The motto of the colonies was "No taxation without representation".67. The United States purchased Louisiana Territory from France in 1803.68. The American Industrial Revolution began in 1807 with its textile industry.69. In 1819, the United States "purchased" Florida from Spain after having occupied it for several years.70. The US Imperialism was not marked by free business competition.71. The United States and China established diplomatic relations in the year of 1979.72. The Jungle was a story about the meat-packing plants in Chicago.73. The Japanese attacked Pearl Harbor in Hawaii on December 7, 1941.74. In the United States, education is a state responsibility.75. The most popular elementary and secondary education pattern in the US is 8-4.76. American education is mainly classified into elementary, secondary, and higher.77. the Declaration of Independence78. Christopher Columbus79. Separation of Powers80. Hawaii81. Black Death82. Glorious Revolution83. Wars of Roses84. Charles ⅡRestoration85. Melting Pot86. Westernization。
关于大陆法系的英语作文
In the vast tapestry of legal systems that define the worlds governance, the Continental Law System,also known as Civil Law,stands as a rich and complex tradition with deep historical roots.This essay delves into the unique characteristics of the Continental Law System,its historical evolution,and its contemporary significance in shaping the legal landscape of numerous countries.The Continental Law System is distinguished by its reliance on written laws and codes,which serve as the primary source of legal authority.Unlike the Common Law System,which relies heavily on judicial precedents,the Civil Law tradition is characterized by a systematic and comprehensive approach to legislation.This system is prevalent in many European countries,as well as in regions influenced by French and German legal traditions,such as Latin America and parts of Africa and Asia.The origins of the Continental Law System can be traced back to the Roman Law,which laid the foundation for the legal principles that would later be adopted and adapted by various European nations.The Corpus Juris Civilis,compiled by the Byzantine Emperor Justinian I in the6th century,is considered a monumental work that encapsulates the essence of Roman Law and has significantly influenced the development of Civil Law.One of the most striking features of the Continental Law System is its codified nature.The Napoleonic Code,established in France in the early19th century,is a prime example of a comprehensive legal code that has served as a model for many other countries.This code was a revolutionarystep in legal history,as it aimed to unify and simplify the French legal system,making it more accessible and understandable to the general public.The Civil Law tradition places a strong emphasis on the role of the state in the creation and enforcement of laws.In this system,the legislature is the primary lawmaking body,and the judiciary is responsible for interpreting and applying these laws in specific cases.This contrasts with the Common Law System,where judges play a more active role in shaping the law through their decisions,which can serve as binding precedents for future cases.The Continental Law System also tends to be more formal and structured in its legal procedures.For instance,the inquisitorial system,commonly used in Civil Law countries,involves a more active role for judges in investigating the facts of a case,as opposed to the adversarial system found in Common Law countries,where the burden of proof lies with the parties involved.Despite its rigidity,the Continental Law System has shown remarkable adaptability over time.Many countries with a Civil Law tradition have incorporated elements of the Common Law System,such as the recognition of judicial precedents,to enhance the flexibility and dynamism of their legal systems.This blending of legal traditions has led to a more nuanced and responsive approach to justice in many jurisdictions.Moreover,the Continental Law System has played a crucial role in shapingthe legal frameworks of numerous countries,particularly in the areas of contract law,property law,and family law.Its influence can be seen in the uniformity and coherence of legal principles across different jurisdictions, which facilitates international trade and cooperation.In conclusion,the Continental Law System is a testament to the enduring legacy of Roman Law and its ability to adapt and evolve over time.Its emphasis on codified laws,the central role of the state in lawmaking,and the formal structure of legal procedures have contributed to the stability and predictability of legal systems in many countries.As the world continues to grapple with complex legal challenges,the insights and principles of the Continental Law System remain relevant and valuable, offering a rich source of knowledge and inspiration for the development of modern legal systems.。
英美概况括考前知识点总结
英国概况1，英国名称：The United Kingdom of Great Britain and Northern Ireland)2，地理位置：Great Britain is the largest island of the British Isles, the largest island in Europe and the eighth-largest island inthe world. It lies to the northwest of Continental Europe,with Ireland to the west, and makes up the largest part ofthe territory of the state known as the United Kingdom ofGreat Britain and Northern Ireland. It is surrounded byover 1,000[citation needed] smaller islands and islets.或者回答British mainland western Europe from GreatBritain and Ireland, north-east and many nearby islands，She east by the North Sea, the Atlantic Ocean to the west,up to the North Atlantic off Iceland, Yugoslavia and theEuropean continent, separated only by a strip of water,the English Channel3, 英国首都：London4,组成部分：England, Scotland, Wales and Northern Ireland5,民族：England Welsh、Scotch、Irish6, 英国国旗：the Union Flag英国国歌：God Save The Queen 天佑女7，三次外族入侵：ⅠRoman Conquest；43AD, the roman empireⅡAnglo-Saxon Conquest ；the late 8th century,Scandinavia, created a certain cultural dividebetween northerners and southerners in EnglandⅢNorman Conquest ；1066, Normans, Williamtook the English throne, and became William theFirst4, 英国主要河流：River Thames泰晤士河River Severn塞文河8，政府组成部分：Monarch，Parliament，Cabinet君主制时间：5th century AD君主的职能：Presided over the opening of parliament , Order in Council approved the signed of an Act of Parliament and meet the Prime Minister and the Queen stands for the British in the world . Such as receiving foreign ambassadors and high commissioners, receiving visiting heads of state, and and accessing overseas countries , the United Kingdom and other countries to support diplomatic and economic rerelations.君主现处地位：皇宫：Buckingham Palace现代君主：Elizabeth II9，议会历史：Magna Carta组成部分：Queen\King ,house of lords , house of commons如何成为两院的议员：To be house of lords: appointed by theQueen\KingTo be house of commons: general election 主要职能：pass the law10，内阁首脑：Minister成员：the members of parliament职能：to persuade parliament to pass laws and vote for taxes\carry out the functions of policy-making11，英国普选对象：voters and candidates选举人：候选人：成为首相的人选：the leader of the governing party主要执政党派：the conservation party \the labour party现任英国的执政党：the labour party如何成为执政党：The party wins the majority seats in the house of commons12，英国经济工业革命之父：瓦特（James Watt）发明：蒸汽机（steam engine）13，英国的教育3个阶段：primary education，secondary education，higher education 2大分支：public education，private education大学教育中的学位：bachelors degree，doctor degree，master degree14，英国文学：1．英语发展的三个阶段:①Old English(6th—11th):the anglo-saxon language②Middle English(11th--15th):the combination of English and French③Modern English(15th—now)2.英国最早的一部作品及内容：Beowulf3.英国第一个诗人及其代表作：诗人：Geoffrey Chaucer(乔叟).代表作：The Canterbury Tales(坎特伯雷故事集)4.伊丽莎白时期的作家及其代表作①William Shakespeare:悲剧Hamlet, Othello, King Lear, Macbeth,Romeo and Juliet喜剧Twelfth Night, The Tempest,A Midsummer Night’s Dream,The Taming Of The Shrew②Christopher Marlowe : The Tragical History of DR Faustu5.弥尔顿的三部曲：Paradise Lost , Paradise Regained, SamsonAgonistes15，英国媒体最早的报纸：The Observer报纸分为那两类：broadsheets(quality press)\tabloid(gutter press)BBC的含义：The British Broadcasting Corporation16，英国的节日圣诞节的含义：to commemorates the birth of Jesus Christ感恩节的含义：to commemorates the Crucifixion and Resurrection of Jesus Christ美国概况：1，名称：the United States of America2，地理位置(geographical position)：The country is situated mostly in central North America , and lies between the Pacific and Atlantic Ocean , bordered by Canada to the north and Mexico to the south. 4，临国(neighboring countries): Canada, Mexico.5，主要河流(major rivers)：The Mississippi River ,the Colorado River ,the Columbia River , the Yukon River ,the Missouri River6，五大湖(Great Lakes)：Lake Superior ,Lake Michigan ,Lake Huron ,Lake Erie ,Lake Ontario.7，首都：Washington D.C8，独立战争（American Revolutionary War/American War of Independence）：1、双方：It began as a war between the Kingdom of Great Britain and thirteen British colonies in North America , and ended in a global war between several European great powers.2、领导者：George Washington.3、起止时间：Sep 19,1775---Sep 3,17839，独立宣言（United States Declaration of Independence）：1、起草者(drafter)：Thomas Jefferson2、时间：July 4,17763，被通过的时间：4th July,17764，主要内容：We hold these truths to be self-evident, that all men are created equal , that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.10，美国的政治体制三权分立：Legislative Branch is made up of elected representatives from all of the states, and is only branch that can make federal taxes, declare war or put foreign treaties into effect. 立法机构所属机构为参议院（the Senate）和众议院（the House of Representative）；the Executive branch的所属机构有president, vice-president, cabinet and 13 departments.The Judicial branch is headed by the Supreme Court, which is the only court specifically created by the Constitution.职能：Federal courts have jurisdiction over cases arising out of the Constitution; laws and treaties of the United States ; maritime cases;issues involving foreign citizens or governments; and cases in which the federal government itself is a party.三权分立的核心：checks and balances联邦条款：Articles of Confederation.这是1777年11月国会通过的美国第一部宪法性文件，规定了联合新独立的13个州松散的邦联政府的职能。
党和党政机关英语词汇
党和党政机关英语词汇COMMUNIST PARTY OF CHINA (CPC)中国共产党Central Committee of the Communist Party of China中国共产党中央委员会General Secretary总书记Member中央委员Alternate member中央候补委员Political Bureau of the CPC Central Committee中共中央政治局Member of the Political Bureau政治局委员Alternate member of the Political Bureau政治局候补委员Member of the Standing Committee of the Political Bureau 政治局常务委员会委员Secretariat of the CPC Central Committee中央书记处Member of the Secretariat书记处书记Central Military Commission of the CPC中共中央军事委员会Chairman主席Vice-chairman副主席Central Commission for Discipline Inspection of the CPC 中国共产党中央纪律检查委员会Secretary书记Deputy Secretary副书记Member of the Standing Committee常务委员会委员555 Units under the CPC Central Committee中共中央直属机构General Office of the CPC Central Committee中共中央办公厅Organization Department of the CPC Central Committee 中共中央组织部（中组部）Publicity Department of the CPC Central Committee中共中央宣传部（中宣部）United Front Work Department of the CPC中共中央统一战线工作部Central Committee中央统战部International Department of the CPC Central Committee 中共中央对外联系部（中联部）Policy Research Office of the CPC Central Committee中共中央政策研究室Taiwan Work Office of the CPC Central Committee中共中央台湾工作办公室International Communication Office of the CPC CC中共中央对外宣传办公室Commission for Collecting Party Historical Data党史资料征集委员会People’s Daily人民日版社Director社长Editor-in-chief总编辑Compilation and Translation Bureau of the CPC Central Committee中共中央编译局Party History Research Center of the CPC Central Committee中共中央党史研究室Party School of the CPC Central Committee中共中央党校Work Committee of the Central Government Departments under the CPC Central Committee 中共中央国家机关工作委员会Work Committee of Departments under the CPC CC中共中央直属机关工作委员会Party Documents Research Office of the CPC Central Committee中共中央文献研究室Central Archives中央档案室CPC Local Committees中国共产党地方党委Provincial (aut. regional, municipality) committees of the CPC 中共省（自治区、直辖市）委员会（省委）Prefectural (aut. prefectural) committees of the CPC中共地区（自治州）委员会（地委）City Committee of the CPC中共市委员会（市委)District committee of the CPC中共区委员会（区委）County committee of the CPC中共县委员会（县委）Leading party members’ group党组Party branch党支部Party cell党小组DEMOCRATIC PARTIES民主党派Revolutionary Committee of Guomindang Central Committee 中国国民党革命委员会（民革）China Democratic League Central Committee中国民主同盟（民盟）China Democratic National Construction Association (CDNCA) 中国民主建国会（民建）China Association for Promoting Democracy (CAPD)中国民主促进会（民进）Chinese Peasants and Workers Democratic Party中国农工民主党（农工党）China Zhi Gong Party (Public Interest Party)中国致公党（致公党）Jiu San （September 3）Central Committee九三学社中央委员会全国人民代表大会NATIONAL PEOPLE’S CONGRESS (NPC) Standing Committee of the NPC全国人民代表大会常委会Vice-chairman副委员长Secretary-General秘书长Deputy Secretary-General副秘书长Legislative Affairs Commission of the NPC Standing Com. 全国人大常委会法制工作委员会Special Committees of the NPC全国人大专门委员会Ethnic Affairs Committee of the NPC民族委员会Chairman主任委员Vice-chairman副主任委员Committee for Internal and Judicial Affairs内务司法委员会Education, Science, Culture and Health Committee 教育、科学、文化和卫生委员会Foreign Affairs Committee外事委员会Overseas Chinese Affairs Committee华侨委员会Environment and Resource Protection Committee 环境与资源保护委员会Financial and Economic Committee财政经济委员会Legal Committee法律委员会Agriculture and Rural Affairs Committee农业与农村委员会Credentials Committee代表资格审查委员会Bill Committee法案委员会Local People’s Congresses地方人民代表大会District People’s Congress区人民代表大会Provincial People’s Congress省人民代表大会City People’s Congress市人民代表大会County (Autonomous County) People’s Congress 县（自治县）人民代表达大会Township (Town) People Congress县（镇）人民代表大会Municipal People’s Congress直辖市人民代表大会Autonomous Region People’s Congress自治区人民代表大会President and Vice-President of the PRC中华人民共和国主席、副主席Chinese People’s Political Consultative Conference (CPPCC) 中国人民政治协商会议National Committee of the CPPCC政协全国委员会Standing Committee of the CPPCC National Committee常务委员会Subcommittee for Handing Proposals of the CPPCC National Com.全国政协提案委员会Subcommittee of Economy全国政协经济委员会Subcommittee of Human Resources and Environment全国政协人口资源环境委员会Subcommittee of Education, Science, Culture, Health and Sports全国政协教科文卫体委员会Subcommittee of Social and Legal Affairs全国政协社会法制委员会Subcommittee of Ethnic and Religious Affairs全国政协民族宗教委员会Subcommittee of Cultural and Historical Data全国政协文史资料委员会Subcommittee of Hong Kong, Macao and Taiwan Compatriots 全国政协港澳台侨委员会Subcommittee of Foreign Affairs国政协外事委员会Local Committees of the CPCCC政协地方委员会Provincial (autonomous regional, municipal) committee省（自治区，直辖市）County (city) committee县（市）委员会国务院STATE COUNCILPremier总理Vice-Premier副总理State Councilor国务委员Secretary-General of the State Council国务院秘书长Deputy Secretary-General副秘书长Ministries and Commissions under the State Council 国务院所属各部门Ministry of Foreign Affairs外交部Ministry of National Defense国防部State Development Planning Commission国家发展计划委员会Minister in charge of主任State Economic and Trade Commission国家经济贸易委员会Ministry of Education教育部Ministry of Science & Technology科学技术部Min. of Science, Technology, & Industry for National Defense 国防科学技术工业委员会State Ethnic Affairs Commission国家民族事务委员会Ministry of Public Security公安部Ministry of State Security国家安全部Ministry of Supervision监察部Ministry of Civil Affairs民政部Ministry of Justice司法部Ministry of Finance财政部Ministry of Personnel人事部Ministry of Labor and Social Security劳动和社会保障部Ministry of Land and Resources国土资源部Ministry of Construction建设部Ministry of Railways铁道部Ministry of Communications交通部Ministry of Information Industry信息产业部Ministry of Water Resource水利部Ministry of Agriculture农业部Ministry of Foreign Trade and Economic Cooperation 对外贸易经济合作部Ministry of Culture文化部Ministry of Health 卫生部State Family Planning Commission国家计划生育委员会People’s Bank of China中国人民银行Governor行长National Audit Office审计署Auditor-General审计长Organizations directly under the State Council国务院直属机构General Administration of Customs中华人民共和国海关总署（海关总署）State Administration of Taxation国家税务总局（税务总局）State Environmental Protection Administration 国家环境保护总局（环保总局）General Administration of Civil Aviation of China中国民用航空总局（民航总局）State Administration of Radio, Film, and Television国家广播电影电视总局（广电总局）State General Administration of Sport国家体育总局（体育总局）National Bureau of Statistics国家统计局（统计局）State General Administration of Press and Publication 新闻出版署(中华人民共和国国State Forestry Administration国家林业局（林业局）State Intellectual Property Office国家知识产权局（知识产权局）National Tourism Administration国家旅游局（旅游局）State Administration of Religious Affairs国家宗教局（宗教局）Counselors’ Office of the State Council国务院参事室（参事室）Government Offices Administration of the State Council 国务院机关事务管理局(国管局)Functional Offices of the State Council国务院办事机构Overseas Chinese Affairs Office of the State Council国务院侨务办公室（侨办）Hong Kong and Macao Affairs Office of the State Council 国务院港澳事务办公室(港澳办)Legislative affairs Office of the State Council国务院法制办公室（法制办）Economic Restructuring Office of the State Council国务院经济体制改革办公室Research Office of the State Council国务院研究室（国研室）Taiwan Affairs Office of the State Council国务院台湾办公室（台办）Information Office of the State Council国务院新闻办公室（新闻办）Units directly under the State Council国务院直属事业单位Xinhua News Agency新华通讯社（新华社）Chinese Academy of Sciences国科学院（中科院）Chinese Academy of Social Sciences中国社会科学院（社科院）Chinese Academy of engineering中国工程院（工程院）Development Research Center of the State Council 国务院发展研究中心（发展研究中心）National School of Administration中国行政学院（行政学院）China Seismological Bureau中国地震局（地震局）China Meteorological Administration中国气象局（气象局）China Securities Regulatory Commission中国证券监督管理委员会（证监会）National Council for Social Security Fund全国社会保障基金理事会National Natural Science Foundation of China 国家自然科学基金委员会Bureaus under Ministries部委管理的国家局State Grain Administration国家粮食局（粮食局）State Tobacco Monopoly Administration国家烟草专卖局State Administration of Foreign Experts Affairs 国家外国专家局（外专局）State Oceanic Administration国家海洋局（海洋局）State Bureau of Surveying and Mapping国家测绘局（测绘局）State Post Bureau国家邮政局（邮政局）State Administration of Cultural Heritage国家文物局（文物局）State Administration of Traditional Chinese Medicine国家中医药管理局（中医药局）State Administration of Foreign Exchange国家外汇管理局（外汇局）State Administration for Safe Production Supervision国家安全生产监督局State Letters and Complaints Bureau国家信访局State Archives Administration国家档案局National Administration for Protection of State Secrets 国家保密局。
国际公法名词解释
国际公法名词解释1.Archipelagic sea lane passage 群岛海道通过2.straight baseline 直线基线3.exclusive economic zone 专署经济区4.Martens clause 马滕斯条款5.jus cogens 强行法6.condominium 共同管辖权7.neutralized states 中立国8.the sector principle 扇形原则9.attaches 附属国/添附10.natural prolongation principles 自然延长原则11.pacta sunt servanda 约定必须遵守批12.principle of effectiveness 有效原则13.par in parem non habet jurisdictionem 平等者之间无管辖权14.accretion 添附15.jus sanguinis 血统主义16.rebus sic stantibus 情势变更原则17.retortion 报复18.extra territorial asylum 领事庇护、域外庇护19.a delict jure genetium 国际不法行为20.treaty-contracts 契约性条约21.international comity 国际法院22.Drago Doctrine 德拉戈条款23.trustee territories 托管领土24.cession 割让25.jus soli 属地原则26.signature ad referendum 暂签27.continental shelf 大陆架28.Westphalia Congress 维斯特法利亚国会/立法会29.Diplomatic Corps 外交团30.the legation premises 使馆（外交人员的经营场所）31.nuncios 罗马教廷大使32.the peaceful co-existence principle 和平共处原则33.non-belligerents 不交战者、中立者34.Full Power 全权证书35.charge d’affaires （法）代办36.exequatur 领事证书37.letter of Credence 国书38.NiZhengyu;LiHaopei;ShiJiuyong;He Qizhi;Zhaolihai39.Caonnally Reservation 康纳利保留w-making contract 造法性条约41.Super-national Law 超国法42.the right of collective self-defence 集体自卫权43.jus non scriptum 不成文法44.the nation's penal obligation 国家刑事责任45.International Usage/ International Custom 国际习惯/国际惯例46.Instant International Customary Law 国际习惯法47.persona non grata 不受欢迎的人teran Treaty 拉忒兰条约49.consular privileges and immunities 领事人员特权与豁免/外交特权与豁免50.effective control 有效控制51. aut dedere aut punire 引渡或仲裁52. transit passage 过境通过53. Sector Principle 扇形原则54. Asylum 庇护55. erga omnes obligations 各国对国际社会承担的责任56. Lauterpacht;Grotius;Austin 劳特派特、格老秀斯、奥斯汀58. opinio juris 法律确信59. Optional Compulsory Jurisdiction 选择性强制管辖60. Jus ad Bellum 诉诸战争权61. Extradition 引渡62. Environment Impact Assessment 环境影响评估63. Double vote 双重否决64. High Seas 公海65. Right of visit 登临权66. Right of Hot Pursuit 追及权67. Transit Passage 通过权68. Parrallel Exploitation System 平行开发制69. Prescription 时效70. Special Mission 特别使团71.innocent passage 无害通过71.transit passage 过境通过72.occupation 先占73.presription 时效74.cession 割让75.conquest 征服76.plebiscite 全民投票77.self-determination of peoples 民族自决78.the exchange of territory 交换领土79.reversionary rights 收复失地80.reprisal 报仇81.self-executing treaty 自执行条约w-making contract 造法性条约83.institut de droit international 国际法研究会Society of international law 国际法研究会84.jus civile 市民法85.jus gentium 万民法86.westphalia congress 威斯特伐里亚公会87.Austin 奥斯丁（英国）88.Victoria 维多利亚（西班牙）89.Hugo Grotius 格老秀斯（荷兰）90.Zouche 苏支（英国）91. Bentham 边沁（英国）92.William 丁韪良（美国）93.Austin 奥斯丁（英国）94.International comity 国际礼让95.Michael akehurs 阿库斯特（英国）96.basis of international law 国际法的根据97. naturalist school 自然法学派98.Pufendorf 普芬道夫（德国）99. school of social solidarity 社会连带法学派100.Duguit 狄骥（法国）101.normativist school 规范学派102.Kelson 凯尔逊（奥地利）103. positivist school 实在法学派104. Oppenheim 奥本海(英国)105. policy-oriented school 政策定向学说106. Grotians 格老秀斯学派107.eclectic school 折衷学派108.Wolff 沃尔夫(德国)109.Vattel 瓦特尔(瑞士)110.Source of law/sources du droit/fonts juris 法律渊源111. International Usage / International Custom 国际惯例112. General Practice 通例，又译“惯例”113. opinio juris 法律确信opinio juris sive necessitatis 法律必要确信114.Monism 一元论115.Jellinek 耶利内克（德国）116.Zorn 佐恩（德国）117.Kaufmann 考夫曼（德国）118.Kelsen 凯尔逊（奥地利）119.Verdross 菲德罗斯（奥地利）120.Kunz 孔兹（德国）121.Dualism 二元论122.Triepel 特里佩尔（德国）123.Anzilotti (Aiomisio) 安齐洛蒂（意大利）124.Oppenheim 奥本海（英国）125.supranational law 超国家法2002’126.International Law Association 国际法协会2002’127.Garotius,Lauterpacht,Vattel, Kelson, Verdross 格劳修斯劳伦派特瓦特尔凯尔逊菲德罗斯2003’128.jus inter gentes 国际法2003’129. jus cogens，peremptory norms 强行法130. Jus Dispositivum 任意法131. fundamental principles of international law 国际法基本原则132. five principles the peaceful coexistence 和平共处五项原则133. the right of self-determination 自决权134.confederation 邦联135. protected state 被保护国136. permanent neutralized state 永久中立国137. neutrality in war 战时中立138. quidquid est in territorio est etiam de territorio领土的一切属于领土139. par in parem non habet jurisdictionem 平等者之间无管辖权140. act jure imperii／act jure gestionis 统治权行为／管理权行为141. Recognition 承认142. principle of effectiveness 实效原则Effective Control 有效统治原则143. de jure recognition／de facto recognition 法律承认／事实承认144. the Clean Plate Rule 白板规则145. Lateran Treaty 拉忒兰条约146. subject of international law 国际法主体147. international legal person 国际法律人格者148. international person 国际人格者149. judicial immunity 司法豁免2003’150. right of self-preservation 自保权2004’151. jus sanguinis／jus soli 血统主义／出生地主义152. Acquired Nationality 因加入而取得国籍153. Naturalization 入籍也称归化154. Extradition（Rendition）引渡155. political offense exception 政治犯不引渡原则156. principle of identity 相同原则，又称罪名同一原则principle of double criminality 双重犯罪原则157. (Territorial) Asylum （域内）庇护158. Extra-territorial Asylum 域外庇护159. Nansen Passport 南森护照160. refugee 难民161. Diplomatic Protection 外交保护162. Calvo Doctrine 卡尔沃条款163. Speciality principle of extradition 引渡的原则2001’ 164. displaced persons 难民2001’165. Principle of Non-Refoulement “不驱回”原则2001’ 166. Differential Treatment 差别待遇2001’167. international responsibility 国际法律责任168. international wrongful act 国际不当行为international illegal act 国际不法行为169. international crimes 国际罪行170. international liability 国际赔偿责任，也称国际损害责任171. sie utere tuo alienum non laedas 使用自己的财产时不应损害他人的财产172. Fault Responsibility 过失责任主义173. Objective Responsibility 客观责任主义174. Strict Responsibility 严格责任主义175. Drago Doctrine 德拉戈主义176. the exemption of International Responsibility国际不当行为责任的免除177. countermeasures 对抗措施178. state of necessity 紧急状态179. erga omnes obligations 对全体的义务2001’180. Territory Waters 领水181. vacant land（terra nullius）无主地182. uti possidetis 占有原则183. Non-national Rivers/International Rivers 多国河流/国际河流184. Condominium 共管185. Leases 租借186. Sphere of Influence 势力范围187. international servitude 国际地役188. modes of acquiring state territory 传统国际法上的领土主权的取得方式189. Occupation 先占190. Prescription 时效191. Accretion 添附192. Cession 割让193. Conquest 征服194. Plebiscite 全民投票，又称全民公决195. Self-determination of Peoples 民族自决196. The exchange of territory 交换领土197. Reversionary rights 收复失地198. sector principle 区域原则199. Archipelagic Waters 群岛水域200. natural prolongation principle 自然延伸原则201. equitable principle 公平原则202. High Sea 公海203. flag of convenience 方便旗204. common heritage of mankind 人类共同继承财产205. exclusive economic zone / continental shelf 专属经济区/大陆架206 innocent passage / transit passage 无害通过/过境通行207. single exploitation system & parallel exploitation system 单一开发体系/平行开发体系208. archipelagic sea lane passage & transit passage 群岛海道通过/过境通过209. normal baseline & straight baseline 正常基线/直基线210. right of visit & right of hot pursuit 登临权/追及权211. contiguous zone & exclusive economic zone 毗连区/专属经济区212. the dispute settlement system of UN Convention on the Law of the Sea 联合国海洋法公约的争端解决机制213. the right of archipelagic sea lane passage 群岛海道通过权214. Warsaw System 华沙体制215. cabotage 国内载运权216. aut dedere aut punier 或引渡或起诉217. case analysis 个案分析218. Environment Impact Assessment 环境影响评价219. soft law 软法220. nuncio 教廷大使221. internuncio 教廷公使222. minister （plenipotentiary）公使223. chargé d’ affaires 代办224. counselor 参赞225. attaché随员226. consul 领事227. consular jurisdiction 领事裁判权extra-territoriality 治外法权228. consular commission 领事委任状，亦称领事任命书229. Exequatur 领事证书230. Letter of Credence 国书231. special mission 特别使团232. diplomatic corps 外交团233. self-executing treaty 自执行条约234. law-making contract 造法性条约235. treaty-contract 契约性条约236. Full Powers 全权证书237. authentication / signature 认证/签署238. initialing 草签239. signature ad referendum 暂签240. ratification 批准241. Revision / Amendment / Modification 修订/修正/修改242. pacta sunt servanda 条约必须遵守243. pacta tertiis nec nocent nec prosunt 约定对第三者既无损也无益principle of relative validity of treaty 条约不约束第三国原则，或条约相对效力原则244. rebus sic stantibus 情势不变原则245. treaty suspension 条约暂停执行246. Double vote (veto) 双重否决权247. Mandate System 委任统治制度248. Trusteeship System 托管制度249. trustee territories 托管领土250. Peace-Keeping Operations PKO 联合国维持和平行动251.ASEAN—Association of South East Asian Nations 东南亚国家联盟S—League of Arabian States or Arab League 阿拉伯国家联盟253.OAS—Organization of American States 美洲国家组织254.OAU—Organization of African-Unity 非洲统一组织255. EC—European Community 欧洲共同体256. EU—European Union 欧洲联盟257. GATT—General Agreement on Tariffs and Trade关税及贸易总协定258. ICJ—International Court of Justice 国际法院259. FAO—Food and Agriculture Organization (of the United Nations) 联合国粮食及农业组织260. ITU—International Telecommunication Union 国际电信联盟261. IBRD—International Bank for Reconstruction and Development 国际复兴开发银行（即世界银行，World Bank）262. IDA—International Development Association 国际开发协会263. IFC—International Finance Corporation 国际金融公司264. ILO—International Labor Organization 国际劳工组织265. IMF—International Monetary Fund 国际货币基金组织266. IMO—International Maritime Organization 国际海事组织267. IFAD—International Fund for Agricultural Development 国际农业发展基金268. UNIDO—UN Industrial Development Organization联合国工业发展组织269. WIPO—World Intellectual Property Organization世界知识产权组织270. IAEA—International Atomic Energy Agency 国际原子能机构271. Mandate System 托管制272. International Covenant on Economic, Social and Cultural Rights, CESCR 《经济、社会和文化权利国际公约》273. International Covenant on Civil and Political Rights, CCPR 《公民权利和政治权利国际公约》274. Assassination Clause 行刺条款，又称暗杀条款275. Transfer Jurisdiction of Criminal Procedure刑事诉讼移管，全称是刑事诉讼移转管辖276. Jay Treaty 杰伊条约277. Justiciable Disputes 可裁判的争端，也称为法律性质的争端278. Connally Reservation 康纳利保留279. good office / mediation 斡旋/调停280. inquiry / conciliation 调查/和解281. retortion (retorsion) / reprisal 反报/报仇，反报，又称还报或报复282. International Arbitration 国际仲裁283. Permanent Court of Arbitration 常设仲裁法院284. Permanent Court of International Justice 常设国际法院285. International Court of Justice 国际法院286. Optional Compulsory Jurisdiction 任意强制管辖287. animo belligerendi 交战意向288. Law of War 战争法289. prisoner of war（POW）战俘290. Martens clause 马滕斯条款291. Suspension of Arms 停战292. War Crimes 战争犯罪293. the Nuremberg principles 纽伦堡原则294. Jus ad Bellum 诉诸战争权295. international humanitarian law 国际人道主义法296. Ni Zheng-yu 倪征日奥297. Shi Jiu-shi 史久镛298. He Qi-zhi 贺其治299. Instant International Customary Law 即时的国际习惯300. the right of collective self-defence 集体自卫权301. res nullius/res communis 无主物/公有物302. weighted voting system 加权表决制303. right of derogation from protection of rights 克减权304. the Resolution 1503 procedure of the UN 联合国“1503程序” 305. enforcement measures of the UN 联合国强制执行措施306. regional arrangements 区域办法，又称为区域安排307. International Criminal Court（ICC）国际刑事法院308. crime of genocide 灭绝种族罪，简称灭种罪309. Doctrine of Acts of State 国家行为主义310. nulla poena sine lege 法无明文规定不为罪311. jus non scriptum 不成文法312. the legation premises 派遣先行提名313. indemnity / reparation 赔偿/补偿314. international comity 国际礼让315. a delict jure genetium 国际不法行为316. international delinquency 国际不法行为317. the nation's penal obligation 国家的刑事责任318. Nonbelligerent 非交战团体319. Bretton Woods System 布雷顿森林体系320.International Penal Judicial Association 国际刑事司法协会323. de jure recognition / de facto recognition 法律承认/事实上的承认324. Good office / mediation / Conciliation 斡旋/调停/协商、和解325. Initialing / signature ad referendum 草签/暂签326. Revision / Amendment / Modification 修订/修正案/更改327. territorial Asylum / extra-territorial Asylum 域内庇护/域外庇护328. Universal Jurisdiction / protective Jurisdiction 普遍管辖权/保护性管辖权329. Right of self-preservation 自保权330. rendition 投降331. retorsion / reprisal 报复/报复性掳掠332. right of innocent passage / right of transit passage无害通过权/通过权333. exequatur / letter of Credence 领事证书/国书334. authentication / signature 认证/签署335. international delinquency 国际不法行为。
总结英美法系和大陆法系的不同英语作文
总结英美法系和大陆法系的不同英语作文The Divergent Paths of Common Law and Civil Law SystemsThe legal systems of the world can be broadly categorized into two main traditions: the common law system and the civil law system. These two systems have evolved over centuries, each with its unique characteristics, strengths, and weaknesses. Understanding the fundamental differences between these legal traditions is crucial for navigating the complexities of international law and commerce.The common law system, which is primarily practiced in countries such as the United States, the United Kingdom, Canada, Australia, and New Zealand, is rooted in the English legal tradition. This system is characterized by a reliance on precedent, where judges' decisions in previous cases serve as a guide for future rulings. The common law system is often described as a "case-based" approach, where the law is developed through the gradual accumulation of judicial interpretations and applications of legal principles.One of the defining features of the common law system is the role of judges. In this tradition, judges are not merely impartial arbiters of the law; they also play an active role in shaping the law through theirinterpretations and rulings. Judges in the common law system are empowered to interpret statutes and precedents, and their decisions can create new legal principles or modify existing ones. This flexibility allows the common law system to adapt to changing social, economic, and technological conditions.Another key aspect of the common law system is the adversarial nature of the legal process. In this system, parties to a dispute present their arguments and evidence before a judge or jury, who then determines the outcome based on the merits of the case. The adversarial system is designed to encourage thorough investigation, vigorous advocacy, and a fair and impartial decision-making process.In contrast, the civil law system, which is predominant in continental Europe, Latin America, and much of Asia, is based on a codified set of laws and regulations. This system is often referred to as the "code-based" approach, where the law is primarily derived from comprehensive legal codes, such as the Napoleonic Code in France or the German Civil Code.The civil law system is characterized by a more systematic and deductive approach to the law. Instead of relying on precedent, civil law judges are tasked with interpreting and applying the relevant provisions within the legal codes. This system places a greater emphasis on the role of the legislature in shaping the law, as thecodes are typically the product of extensive legislative drafting and debate.One of the key differences between the common law and civil law systems is the role of the judiciary. In the civil law tradition, judges are generally seen as more passive interpreters of the law, rather than active shapers of it. Their primary function is to apply the relevant legal provisions to the facts of a case, rather than to create new legal principles through their rulings.Another distinguishing feature of the civil law system is the emphasis on written legal documents and the codification of the law. Civil law jurisdictions typically have comprehensive legal codes that cover a wide range of legal issues, from contract law to criminal law. This systematic approach to the law is intended to provide greater certainty and predictability for individuals and businesses.Despite these fundamental differences, both the common law and civil law systems share the common goal of upholding the rule of law and ensuring the fair and equitable administration of justice. However, the divergent paths of these two legal traditions have led to distinct approaches to legal reasoning, judicial decision-making, and the overall structure of the legal system.In the context of international law and commerce, the differencesbetween the common law and civil law systems can have significant implications. Multinational corporations and individuals engaged in cross-border transactions must navigate the nuances of these different legal traditions, often requiring the expertise of legal professionals who are well-versed in both systems.For example, in the realm of contract law, the common law system's emphasis on precedent and the role of judges in interpreting contractual terms may differ from the more codified approach of the civil law system. Similarly, in the field of intellectual property, the common law's recognition of certain types of unregistered rights, such as trade secrets and passing off, may not align with the civil law's focus on registered intellectual property rights.In conclusion, the divergent paths of the common law and civil law systems have resulted in distinct legal traditions that have shaped the legal landscape around the world. Understanding these differences is crucial for navigating the complexities of international law and commerce, and for fostering effective collaboration and cooperation between countries with different legal systems.。
英美法系和大陆法系的区别英语作文
英美法系和大陆法系的区别英语作文Differences between the English and Continental Legal SystemsIntroductionThe legal systems of the world can be broadly categorized into two main types: the English legal system and the Continental legal system. While both systems aim to ensure justice and maintain order in society, there are significant differences between the two in terms of their historical development, sources of law, court structure, and judicial process. This essay will explore the key differences between the English and Continental legal systems and how these differences impact the administration of justice in their respective jurisdictions.Historical DevelopmentThe English legal system, also known as the common law system, has its roots in medieval England and has evolved over centuries through judicial decisions and customs. The Continental legal system, on the other hand, also known as the civil law system, is based on Roman law and was developed by the Roman Emperor Justinian in the 6th century. The civil lawsystem spread throughout Europe and was further developed by legal scholars such as Hugo Grotius and Jean-Jacques Rousseau.Sources of LawOne of the key differences between the English and Continental legal systems is their sources of law. In the English legal system, the primary sources of law are case law and statutes. Case law, also known as common law, is based on judicial decisions and precedents set by higher courts. Statutes, on the other hand, are laws passed by Parliament and have the force of law.In contrast, the primary sources of law in the Continental legal system are codified laws and legal codes. Codified laws are written laws that are organized into a comprehensive legal code, such as the Napoleonic Code in France or the German Civil Code. These legal codes serve as the main source of law in Continental legal systems, with judicial decisions playing a secondary role in interpreting and applying the law.Court StructureAnother significant difference between the English and Continental legal systems is their court structure. In the English legal system, the court system is hierarchical, with higher courtsissuing binding decisions that lower courts must follow. The highest court in the English legal system is the Supreme Court, which has the final authority on legal matters.In contrast, the court structure in the Continental legal system is more decentralized, with separate administrative and specialized courts for different areas of law. In countries such as Germany and France, there are specialized courts for labor law, administrative law, and constitutional law, among others. This decentralized court structure allows for greater specialization and expertise in legal matters.Judicial ProcessThe judicial process in the English and Continental legal systems also differs in terms of trial procedures and evidence. In the English legal system, trials are adversarial in nature, with the prosecution and defense presenting their arguments and evidence before a judge or jury. The burden of proof is on the prosecution to prove the guilt of the defendant beyond a reasonable doubt.In the Continental legal system, trials are more inquisitorial in nature, with the judge playing a more active role in investigating the facts of the case and questioning witnesses. The burden of proof is on the parties to present evidence andarguments to support their case, with the judge acting as a neutral arbiter of the law.ConclusionIn conclusion, the English and Continental legal systems have distinct characteristics that reflect their different historical origins and legal traditions. While both systems aim to ensure justice and maintain order in society, they differ in terms of their sources of law, court structure, and judicial process. Understanding these differences is essential for legal practitioners and policymakers to navigate the complexities of the global legal landscape and promote the rule of law in their respective jurisdictions.。
《英语国家概况》试卷
F——1.People in different parts of Britain like to use the name England to refer to their country. T——2.The Severn River is the longest river of Britain ,which originates in Wales and flows through western England.F——3.Today more than half of the people in Wales still speak the ancient Welsh language. F——4.In terms of population and area,Northern Ireland is the second largest part of Britain. F——5.Although the climate in Britain is generally mild ,the temperature in northern Scotland often falls bellow-10℃in January.T——6.The majority of the people in Britain are descendants of the Anglo-Saxons.T——7.The Celtic people were the earliest known inhabitants of Britain.T——8.English evolved into what is now described as Modern English from the late 16th century. T——1.Birtish history before 55 BC is basically undocumented.T——2.The Anglo Saxon came to Britain in the 5th century.F——3.The chief or king of the Anglo Saxon tribes exercised power at their own will.T——4.The Viking began to attack the English coast in the 8th century.T——5.Henry Ⅱbuilt up a large empire which included England and most of france.F——6.The Magana Carta was designed to protect the rights of both the privileged class and townspeople.F——7.The Hundred Years‘War was a series of wars fought between the British and the Vikings for trade and territory.T——8.In an effort to make a compromise between different religious factions,Queen Elizabeth Ⅰactually defended the fruit the Reformation.T——1.Conventions are regarded less important than the statutory law in the working of the England government.F——2.The British monarchy has never been interrupted throughout the history.F——3.In reality,the British King or Queen is the house of all government powers.F——4.The British Parliament is the law making body of the Commonwealth of Nations.F——5.The members of the House of Commons are appointed rather than elected.T——6.The British Prime Minister is the leader of the minority party in Parliament.F——7.Cabinet members are chosen by the Prime Minister from various political parties in Parliament.T——8.The legal systems in England ,Wales,Scotland and Northern Ireland are much similar in terms of law,orgalizations and practice.T——1.Britain was the first industrialized nation in the world.T——2.The British economy experienced a relative decline during the postwar period.F——3.Limited resources and high unemployment rate were persistent.F——4.Thatcher‘s revolution turned out to be agreat success in dealing with all the British economic and social problems.T——5.The economic approach adopted by Tony Blair was different from that of the old Labor Party and the Conservetive Party.T——6.Blair made the Bank of England independent in oder to separate politics from economic policy.F——7.Britain is an important oil exporter since its oil industry has a long history.T——8.Nuclear power is one of the major energy sources in Britain.F——1.The Britain government has been responsible for education since the early 1800s.F——cation inBritain is compulsory for all children between the ages of 6 and 15.F——3.The National Curriculum is compulsory in both the states system and the independent system.T——4.When children finish their schooling at 16,they are required to take a national GCSE examination.T——5.Graduates from state schools in Britain have a less favorable chance to enter famous universities than those from independent schools.F——6.The Times is the world oldest Sunday newspapers.F——7.The BBC World Service broadcast only in English throughout the world.T——8. Some British holidays are celebrated to mark important events in the Christian calendar,and some others are related to local customs and traditions.F——1.The Canterbury Tales is representative work of the old English period.T——2.The Renaissance is characterized by admiration of the Greek and Latin classic works. T——3.As a great English peot,Alexander Pope also translated Homer‘s Iliad.F——4.Jhonathan Swift is probably the foremost prose satirist in the English language,and Robinson Crusoe is his masterpiece.F——5.William Wordsworth amd Sumuel Taylor Colerdge brought the Romantic Movement to its height.F——6.Lord Byron distinguished himself by the musical quality of his short poems,such as ―Ode to the West Winds‖.F——7.Jane Austen is a well known novelist of the stream of consciousness school.T——8.Joseph Conrad is classified as a forerunner of Modernism,which prevailed before World War Ⅱ.F——1.The eastern highlands formed by the Appalachian Range hold one-third of the country‘s continental territory.T——2.The climate in the United States can be classified as temperate, with some mild subtropical and tropical zones.T——3.A 50-centimeter rainfall line runs through the middle of the United States.T——4.New York is composed of five boroughs, including Manhattan, Brooklyn, the Bronx, Staten Island and Queens.F——5.San Francisco is the second largest city after New York and the world-famous Hollywood is located here.T——6.During the 1830s and the 1840s, many Northern Europeans and Irish immigrants came to America.T——7.Almost half of the immigrants coming to the United States in the 1980s were Asians. T——8.Basic American cultural values are freedom, equality and desire to work hard for a higher standard of living.T——1.American was named after Amerigo Vespucci,who arrived on the new continent after Columbus.F——2.The Second Continental Congress was held in Phiadelphia,and the Continental Army and Navy was established under the command of Thomas Jerfferson.T——3.The Amemrican Civil War not only put an end to slavery,but also make American a single,indivisible nation.F——4.Most American people approved of the Vietnam War.T——5.In1990,American troops and the troops from allied nations took joint military action in order to drive Iraqi troops out of Kuwait.F——6.According to the American government,Saddam Hussein and Osama bin Laden were responsible for the terrorist event on Septemble11,2001.T——7.The Bush administration regarded Iraq a nation among the ―axis of the evil‖.F——8.On March 20,2003,American and United Nations‘troops, supposed by several other countries,began an invasion of Iraq.F——1.The Bill of Right was written into the Constitution in 1787.T——2.The form of the American government is based on three main principles: federalism, the separation of powers and respect for the Constitution and rule of law.F——3.The US Congress consists of two houses: the House of Commons and the House of Lords. T——4.The judicial branch of the US federal government consists of a series of courts: the supreme court, the courts of appeals and the district courts.F——5.The Democratic Party is conservative in terms of its ideology.T——6.The American presidential campaigns adhere to the ―winner-takes-all‖ practice.F——7.The American foreign policy throughout World War 2 was neutrality.T——8.The American foreign policy during the Cold War period was containment and intervention.T——1.America is the world‘s largest industrial nation.T——2.In the US Constitution ,the recognition of the importance of ?intellectual property‘ could be identified.F——3.Although slavery was abolished as a result of the Civil War, the owners of plantations in the South made more profits from selling their agricultural products.F——4. President Roosevelt‘s New Deal had little effect in dealing with the economic crisis in the early 1930sF——5. The 1960s was a period of consolidation for the American business.T——6. American agriculture exports outweigh imports, leaving a surplus in the agricultural balance of trade.T——7. Auto production is one of the important sectors in American manufacturing industry. F——8. The growth and decline of the American foreign trade has little to do with the world economy.T——1. Education is governed by state and local governments instead of the national government in America.T——2. All American children are offered 12 years of compulsory public education.F——3. After 12 years o schooling, American students receive a bachelor‘s degree upon graduation.T——4. When selecting a college or university, students have a great concern for its size, location and academic quality.T——ually,an undergraduate student has to earn at least 120 credits to receive a degree. F——6. Outstanding graduates of Yale university include President Wilson and more than 80 senators.F——7.It is The New York Times that first uncovered the Watergate Scandal in 1972.F——8. Thanksgiving Day falls on the fourth Tuesday in November.T——1.Walt Whitman introduced great innovations to American literature ,and devised a poeticstyle , free verse .F——2.Emily Dickinson‘s poems are usually long , exploring the inner life of the individual . F——3.Stephen Crane is famous for his writings about the meeting of America and Europe . T——4.Ezra Pound leads the School of Imagism , which advocates a clear , highly visual presentation .T——5.Jack Kerouac‘s On the Road is a representative work of the Beat Writers.T——6.Alice Walker was passionate about the civil rights movements and the women‘s movement of 1960s , and The Color Purple is her masterpiece .F——7.America‘s most renowned playwright is Tennessee Williams , and his plays are highly experimental in form and style .T——8.Arthur Miller is concerned with the conflicts of the individual within society , and Death of a Salesman is his masterpiece .Ⅱ.Choose the best answer to complete each of the following statements.1.The two main islands of the British Isles are——A.Great Britain and Ireland2. ——is the capital city of Scotland.B.Edinburgh3. Among the four parts of the United Kingdom, ——is the smallest.D.Northern Ireland4. English belongs to the ——group of the Indo-European family of languages.C.Germantic5. The introduction of Christianity to Britain added the first element of ——words toEnglish.tin and Greek6. The evolution of Middle English was reinforced by the——influence.A.Norman7. Samuel Johnson‘s dictionary was influential in establishing a standard form of——.C.spelling8. At present,nearly ——of the world‘s populations communicate in English.C.one third1. The——attack on Rome ended the Roman occupation in Britain in 410.D.Germanic2. By the late 7th century, ——became the dominant religion in England.D. Roman Christianity3. The——marked the establishment of feudualism in England.C.Norman Conquest4. The end of the Wars of the Roses led to the rule of——C. the House of Tudor5. The direct cause ofor the Reformation was King Henry Ⅷ‘s effort to——.A.divorce his wife6. The English Civil War broke out in1642 between ——B.the Royalist and the Parliamentarian7. ——was passed after the Glorious Revolution.A.The Bill of Rights8. The Industrail Revolution was accomplished in Britain by the middle of the ——century.C.19th1.The British government is characterized by a division of powers between three of thefollowing branchs EXCEPT the——.C.monarchy2. The importance of the British monarchy can be seen in its effect on——.D.public attitude3. As a revising chamber ,the House of Lords is expected to——the House of Commons.plement4. ——is at the center of the British political system.A.The Cabinet5. The main duty of the British Privy Council is to ——.B.give advice6. Generally speaking,the British Parliament operates on a ——system.B.two party7. The politices of the Conservative Party are characterized by pragmatism and——.D.a belief in individualiam8. In Britain,the parliamentary general election is held every——years.C.five1. The —— in the early 1970s worsened an already stagnant economy in Britain.A.oil crisis2. Of the following practices, ——did not belong to Thatcher‘s social welfare reform.C.reducing unemployment3. The Blair government was successful in the following aspect EXPECT——.D.reducing inequality4. Britain has devoted about——of its land area to agriculture.C.70%5. Britain‘s important fishing areas include all the following EXCEPT——.D.the sea area between Britain and Ireland6. Coal mining industry in Britain provides——of the energy consumed in the country.B.one fourth7. The car industry in Britain is mostly ——.A.foreign owned8. Of the following sectors in Britain, ——has experienced spectacular growth since the end ofthe World War Ⅱ.C.the service sector1. In Britain,the division between grammer schools and vocational schools was ended by theintroduction of comprehensive schools in the ——.D.1960s2. Over——of British children receive primary and secondary education through theindependent system.C.7%3. Partially funded by central government grants,most of the British universities receive theremaining funds from all the following sources EXCEPT——.B.loans4. To be admitted to the Open University, one needs——.B.no educational qualifications5. Among Britain‘s quality press,the following newspapers are regarded as the ―BigThree‖EXCEPT——.C.The Observer6. Life On Earth is a kind of ——program produced by the BBC is popular worldwide.C.documentary7. ——is Britain‘s top pay television provider.D.BSkyB8. The following Christmas traditions are particularly British EXCEPT——.A.Trooping the Color1. The most significant achievement of the English Renaissance is——.B.drama2. ——is viewed as Romantic poetry‘s ―Declaration of independence‖.C.The preface to Lyrical Ballads3.Of Dicken‘s novels, ——is considered most autobiographical.B.Davied Copperfied4. ——is a representative of English Critical Realism in the turn of the 19th century.D.Thomas Hardy5. Of the following books, ——is NOT written by Thomas Hardy.C.Adam Bede6. ——is not included in the modernist group.A.Oscar Wilde7. Of the following writers, —— is NOT a Nobel Prize winner.B.James Joyce8. Waiting for Godot is written by——.A.Samuel BeckettB 1. The U.S. lies in ----North America, with Canada to the north, Mexico to the south, theAtlantic to its ----and the Pacific to its -----.A. northern, east, westB. central, east, westC. southern, west, eastD. western, west, eastC 2. The continental United States has-----states.A. 50B. 49C. 48D. 35A 3. The state of ----- is the largest in area of all the U.S. states.A. AlaskaB. HawaiiC. TexasD. FloridaB 4. The longest river in the U.S. is ------A. the Missouri RiverB. the Mississippi RiverC. the Ohio RiverD. the Lake ItascaC 5. Some of the world-famous universities like Harvard, Yale and MIT are located in----.A. the SouthB. the WestC. New EnglandD. the MidwestD 6. San Francisco, Los Angeles and San Diego all belong to ----A. MontanaB. UtahC. MaineD. CaliforniaA 7. The Immigration Act of 1924 restricted further immigration into the United States,particularly from------.A. EuropeB. AsiaC. AfricaD. South AmericaD 8. The characteristics of the dominant American culture are---A. English-speaking, Northern European, Roman Catholic and middle-classB. English-speaking, Western European, Roman Catholic and upper-classC. English-speaking, Northern European, Protestant and upper-classD. English-speaking, Western European, Protestant and middle-classC 1. The first successful English conoly in North America was founded at——in——.A.Jamestown,LouisianaB.Boston, MassachusettsC.Jamestown,VirginiaD.Plymouth,GergiaC 2. The Seven Years‘War occurred between——.A.the French and the American IndiansB.the French and the SpanishC.the French and the BritishD. the British and the American IndiansD 3. ―No taxation without representation‖was the rallying slogan of——.A.the settlers of VirginiaB.the people of PennsylvaniaC.the colonists in New EnglandD.the people of the 13 coloniesB 4. In May 1775, ——was held in Phiadelphia and began to assume the functions of aprovisional government.A.the First Continental CongressB.the Second Continental CongressC.the Boston Tea PartyD.the Congress of ConfederationC 5. Abraham Lincoln issued the ——to grant freedom to all slaves.A.Declaration of IndependenceB.ConstitutionC.Emancipation ProclamationD.Bill of RightsA 6. The policy of the United States was ——at the beginning of the two World Wars.A.nuetralityB.full involvementC.partial involvementD.appeasementC 7. President ——introduced the NⅡew Deal to deal with the problems of the GreatDepression.A.WilsonB.TrumanC.RooseveltD.KennedyD 8. The Vietanam War was a long time suffering for Americans,and its continuedthroughout the terms of president——.A.Johnson,Nixon and FordB.Truman,Eisenhower and KennedyC.Kennedy,Johnson and NixonD.Eisenhower,kennedy and JohnsonB 1.The US.Constitution came into effect inA. 1787B. 1789C. 1791D.1793C 2. The Constitution of the United StatesA. gives the most power to CongressB. gives the most power to the presidentC. tries to give each branch enough power to balance the othersD. givesthe most power to the Supreme CourtB 3.The Bill of RightA. defines the rights of Congress and the rights of the PresidentB.guarantees citizens of the US specific individual rights and freedomC. is part of the Declaration of IndependenceD. has no relationship with theConstitution.D 4.The terms for a Senator and Representative are ___ and ___ years reapectively.A. 2;4B.2;3C. 2;6D.6;2C 5. All the following can make legislative proposals EXCEPTA. the senatorB. the RepresentativeC. the secretary of stateD. the presidentC 6.The following are all powers of the President EXCEPTA. vetoing any bills passed by CongressB. appointing federal judges whenvacancies occurC. making lawsD.issuing executive ordersD 7. The Supreme Court is composed of ___ justicesA. 6B. 7C. 8D.9C 8. The president is directly voted into office by ___A. all citizens of AmericaB. the citizens over 18 years oldC. electors elected by the votersD. the senators and the representativesC 1.America produces a major portion of the world‘s products in the following fieldsEXCEPT ___A. machineryB. automobilesC. oreD. chemicalsC 2. The modern American economy progressed from___ to____, and then to ____A. a colonial economy, a handcraft economy, an industrial economyB. afarming economy, a handcraft economy, an industrial economyC. a colonial economy, a farming economy, an industrial economyD. ahandcraft economy, a farming economy, an industrial economyD 3. Chartered companies were NOT granted the ___ by the British King or Queen.A. political authorityB. economic rightsC. judicial authorityD. diplomatic authorityD 4. ____ urged the federal government to establish a national bank.A. George WashingtonB. President RooseveltC. Abraham LincolnD. Alexander HamiltonD 5. The following inventions took place during the ?second industrial revolution‘EXCEPT___A. typewriterB. telephoneC. electric lightD. refrigeratorD 6. President Johnson tried to build a ?Great Society‘ by introducing various programs likethe following EXCEPT_____A. MedicareB. Food StampsC. Education InitiativesD. Unemployment PensionB 7. The following statements are all true EXCEPT___A. Agribusinesses reflect the big, corporate nature of many farm enterprisesB. Agribusinesses maintain a balanced trade pattern between agricultural imports andexports.C. Agribusinesses range from one-family corporations to multinational firms.D. Agribusinesses include a variety of farm businesses and structures.A 8. Employment in the___ sector has been increasing in the US since the 1970s.A. serviceB. agricultureC. manufacturingD. high-techC 1.Foemal education in the US consists of _____, secondary and higher education.A. kindergartenB. publicC. elementaryD. privateB 2. Of the following subjects,_____ are NOT offered to elementary school students.A. mathematics and language artsB. politics and business educationC. science and social studiesD. music and physical educationB 3. Higher education in the US began with the founding of _____A. Yale UniversityB. Harvard CollegeC. Princeton UniversityD. music and physical educationB 4. Of the following,____ are NOT among the categories of American higher education.A. universities and collegesB. research institutionsC. technical institutionsD. community collegesC 5. To get a bachelor‘s degree, all undergraduate students are required to do thefollowing EXCEPT____A. attending lectures and completing assignmentsB. passing examinationsC. working for communitiesD. earning a certain number of creditsB 6. _____is sold especially to the upper or upper-middle class and has a reputation for itsserious attitude and great bulk.A. The Washington PostB. The New York TimesC. The Los Angeles TimesD. New York Daily NewsB 7. Of the following,____ is not among the three major radio and TV networks in America.A. the National Broadcasting System (NBS)B. the Public Broadcasting Service (PBS)C. the Columbia Broadcasting system (CBS)D. the American BroadcastingSystem(ABS)B 8. The National Day of the US falls on _____ each year.A. June 4thB. July 4thC. June 14thD. July 14thC 1.Of the following writer, --------are from the Colonial and Revolutionary Periods .A. Benjamin Franklin and Edgar Allan PoeB. Edgar Allan Poe and Jonathan EdwardsC. Benjamin Franklin and Jonathan EdwardsD. Edgar Allan Poe and Washington IrvingD 2. ----- is regarded as the ―father of American literature‖A. James Fenimore CooperB. Ralph Waldo EmersonC. Thomas JeffersonD. Washington IrvingC 3. Of the following , ---- is considered Herman Melville‘s masterpieceA. The Last of the MohicansB. The Legend of Sleepy HollowC. Mody DickD. Daisy MillerD 4. Of the following ,-----is NOT characteristic of Mark Twain‘s worksA. colloquial speechB. a sense of humorC. a realistic viewD. an idealistic viewD 5. Of the following writer, ----- is NOT included in the group pf naturalistsA. Stephen CraneB. Frank NorrisC. Theodore DreiserD. Herman MelvilleA 6. F. Scott Fitzgerald‘s finest novel is ---- ,and its theme is about ---A. The Great Gatsby , the American DreamB. Tender Is the Night , loveC. Tales of the Jazz Age , the loss of oneselfD. The Beautiful and Damned , the evil of human natureA 7. Of the following writer, ----- is NOT a Nobel Prize winnerA. Alice WalkerB. Ernest HemingwayC. William FaulknerD. Eugene O‘NeillB 8. -----is the first African – American winner of the Noble Prize for LiteratureA. Ralph EllisonB. Ernest HemingwayC. William FaulknerD. James Baldwin1、What is Standard English?Standard English is based on the speech of the upper class of the southeastern England; it is widely used in media and taught at schools. It is preferred by the educated, middle-class people. Is has developed and has been promoted as a model for the correct British English. It is also the norm(标准) carried overseas. Today, Standard English is codified to the extent that the grammar and vocabulary are much the same everywhere in the world where English is taught and used.2、Explain the rise and fall of the British Empire.Colonization of Newfoundland, the first British colony overseas, in 1583 marked the beginningof the British Empire. By 1837, Britain had long been an empire which included the colonies in Canada, Australia, New Zealand, India and many small states in the West Indies. By the end of the 19th century, the British Empire included a quarter of the global population and nearly a quarter of the world‘slandmass. During the mid-19th century, the British government consolidated the existing colonies by bringing them under the direct control of the government. Before World WarⅠ, Britain had the largest colonial empire in the world. However, Britain suffered great loss to its manpower in the two World Wars and exhausted its reserves of gold, dollars and overseasdence since the 1940s, which inevitably led investment. Most of Britain‘s colonies gained indepento the fall of the Empire.3、What is the Commonwealth of Nations?It is a voluntary association of independent sovereign states, all of which acknowledge the British monarch as symbolic head of the association. The Commonwealth is not a political unionof any sort, and its member states have full autonomy to manage their own internal and external affairs. It is primarily an organization in which countries with diverse economic backgrounds havean opportunity for close and equal interaction after gaining independence. The major activities ofthe Commonwealth are designed to advocate democracy, human rights, and to promote economic cooperation and growth within its members.4、What were the major causes o f Britain’s relative economic decline in the postwar period?First, Britain suffered great economic losses in two World Wars and had gone heavily into debtto finance the war. Second, the era of the British Empire was over. India and other British colonies, which provided raw material & large market for British goods, gained independence. Third, Britain was forced to maintain an expensive military presence in many overseas locations until the end of 1960s. Fourth, Britain had to make Substantial financial contributions to NATO and the UN Security Council. Finally, Britain failed to invest in industry after WWII whereas its competitorslike Germany and Japan caught up with Britain by investing in the most modern equipment and means of production.5、What is the stream of consciousness?Stream of Consciousness is a literary technique which was pioneered by Dorthy Richardson, Virginia Woolf, and James Joyce. Stream of consciousness is characterized by a flow of thoughts and images, which may not always appear to have a coherent structure or cohesion. The plot line may weave in and out of time and place, carrying the reader through the life span of a character or further along a timeline to incorporate the lives (and thoughts) of characters from other time periods.6、Why is the United States regarded as a “melting pot” and a “salad bowl”?The melting pot is a metaphor for a heterogeneous society becoming more homogeneous, the different elements "melting together" into a harmonious whole with a common culture. It is particularly used to describe the assimilation of immigrants to the United States; the melting-together metaphor was in use by the 1780s.After 1970 the desirability of assimilation and the melting pot model was challenged by proponents of multiculturalism, who assert that cultural differences within society are valuable and shouldbe preserved, proposing the alternative metaphor of the salad bowl – different cultures mix, but r emain distinct7、What was the course of the American Civil War?1. Economic and social differences between the North and the South.2. States versus federal rights3. The fight between Slave and Non-Slave State Proponents.4. Growth of the Abolition Movement.5. The election of Abraham Lincoln.8、what are the differences between the Democrats and the Republicans in terms of political ideology.9、What is the Beat Movement ?suggests a The Beat Movement began in the middle of the 1950s.The word ―beat‖ non-conformist,rebellious attitude towards conventional values concerning sex ,religion and the American way of life,an attitude which result from the feeling of depression and exhaustion andthe need to escape into an unconventional ,communal mode of life.The representatives are Allen Ginsberg, William Burroughs and Jack Kerouac.。
林超伦翻译笔记
发生巨大变化 to undergo yet more changes中国将更加遵循……原则 china will bring its own practices in linewith ……拉动世界经济 to provide/give/lend substantial impetus to the world economyrequire 这个词很重要比如“这都需要在国际合作的环境中才能实现”allof the above requires an environment of international cooperation给一个比较叼的说法“中国以敞开大门，张开双手”china has thrown its door wide open, and reached out with open arms 看起来比较还不多的哦，但是一个句子利用了两个open。
表示对下一步工作的继续进行，用continue 什么工作就好了。
有利于推动……的发展 be conductive to the development of sth做到……的统一 strike the balance of ……我们应该清楚地意识到 it is clear to us that保持经济的长盛不衰 perpetuate an economic boom……是有目共睹的 be there for all to see经济形势不是economic situation 而是economic climate国企改革问题、大量失业待业问题、生态环境破坏问题、金融风险问题、腐败问题等需要重点记住，这里不列英语了需要尽快找到解决方法 to require our immediate attention and effective solutions in the shortest time possible盲目发展 blind development调控 regulate这是一个把握分寸的问题 this is an issue of maintaining the right balance上市 seek listing on the stock market在金融全球化的潮流中急流勇进 to ride the wave of financial globalization表示数量很多的 a handful of省级银行 provincial level banks 重点看省级的即是怎么表示出来的法人在林超伦的翻译中是legal person，而经过我的查找，corporation和artificial person比较正确而且常见。
美国概况练习及答案
练习题：1 The traditional dividing line in America between “east” and “west” is_____.2 The earliest part in America to be found and taken over by early settlers is ____.3 The largest racial group in the whole population of U.S.A is____.4 Before 2000, the largest minority group in the United States is____.5 ____has the world’s oldest written constitution and political party.6 The economic problem caused by the depression in 1929 was eventually solved by____.7 In the United States, primary education requires____years.8 Most college students in the United States are in____institutions.9 The three main levels of courts of the federal judicial system in America are____________.10 _____(which state )is not governed by the common law.练习题答案及题解:1. The Mississippi River, 密西西比河是美国传统的东方和西方的分界线。
2 .The Atlantic and Gulf Coastal Plain，最早被早期定居者发现和占领的地方是大西洋及其沿岸平原。
大陆法系和英美法系 英语
大陆法系和英美法系英语The comparison between the continental legal system and the common law system, often associated with the English and American legal traditions respectively, is a nuanced exploration of legal philosophy, history, and practical application. Each system has its own unique characteristics, strengths, and weaknesses, which have evolved over centuries of legal development. Understanding these differences is crucial for legal practitioners, scholars, and anyone interested in thefunctioning of legal systems worldwide. The continental legal system, also known as the civil law system, is primarily based on codified laws, with a strong emphasis on written statutes and comprehensive legal codes. This system traces its roots back to ancient Rome and the Roman civil law tradition, which heavily influenced the legal systems of continental Europe and many other parts of the world. In continental legal systems, judges are seen more as interpreters and appliers of the law rather than law creators. This adherence to codified laws provides a sense of predictability and stability in legal outcomes, as decisions are often based on statutory provisions rather than judicial precedent. On the other hand, the common law system, originating in England and subsequently spreading to other English-speaking countries such as the United States, Canada, Australia, and India, relies heavily on judicial precedent and case law. Underthis system, judges have the authority to interpret the law and create legal precedent through their decisions in individual cases. Over time, these precedents accumulate and form the basis of legal principles that guide future rulings. As a result, the common law system is characterized by its flexibility and adaptability, as legal doctrines evolve in response to changing societal norms and values. One significant difference between the two systems lies in their approach to legal reasoning and interpretation. In the civil law tradition, the emphasis is placedon deductive reasoning, where judges apply legal rules to the specific facts of a case to reach a decision. This deductive approach prioritizes legal certainty and predictability, as decisions are based on established legal principles foundwithin statutory provisions and legal codes. In contrast, the common law tradition employs a more inductive reasoning process, where judges analyze the specifics of each case and draw broader legal principles from past judicial decisions. Thisinductive approach allows for greater flexibility and adaptability in response to new and unforeseen legal issues. Furthermore, the role of judicial precedent differs significantly between the two systems. In the common law tradition, stare decisis, or the principle of precedent, plays a central role in legal reasoning. Courts are bound to follow the precedents set by higher courts within the same jurisdiction, ensuring consistency and stability in the law. However, courts also have the authority to depart from precedent in certain circumstances, such as when a previous decision is found to be erroneous or no longer applicable to thecurrent case. In contrast, the continental legal system places less emphasis on precedent, as decisions are primarily based on statutory law rather than judicial interpretation. While judicial decisions may still influence future cases to some extent, they do not carry the same binding authority as in the common law tradition. Another key distinction between the two systems is their approach to legal education and professional training. In countries with a civil law tradition, legal education often emphasizes the study of legal codes and statutes, with less emphasis on case law and judicial reasoning. Law students are trained to analyze and apply statutory provisions, preparing them for careers as legal practitioners or civil servants. In contrast, legal education in common law countries places greater emphasis on case law and legal reasoning, with students studying landmark judicial decisions and learning how to construct legal arguments based on precedent. This difference in educational emphasis reflects the underlying principles of each legal system and shapes the way legal professionals approach their work. Despite these differences, both the civil law and common law systems share the common goal of administering justice and upholding the rule of law.While they may diverge in their approaches to legal interpretation, reasoning, and precedent, both systems seek to resolve disputes, protect individual rights, and maintain social order. Moreover, globalization and international legal harmonization efforts have led to increased interaction and mutual influence between the two systems, blurring the lines between civil law and common law principles in certain areas of law such as international trade, human rights, and environmental protection. As legal systems continue to evolve and adapt to the complexities of the modern world, understanding the similarities and differencesbetween the civil law and common law traditions remains essential for promoting cross-cultural understanding and cooperation in the field of law.。
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The Judicial Publicity of ContinentalLegal System CountriesAbstract:With the development of China’s economy and society, more and more aspects of society should be reformed by the new government especially in judicial system. While Professor Qian Hongdao have created a special way of index to quantize the judicial publicity of legal system, which can achieve a condition of judicial independence and visible fair and clean, I gathered and analyzed some information about the interpretation system in Germany and the relationship between court and media in continental legal system countries to find some reference to China.Key Words:Judicial publicity, judicial transparency, judicial independence, continental system countries legal system, visible fair and clean1 the Interpretation System in GermanyThe system can be seen in Article 1 of Civil code of Germany: the chief judge should not only tell the parties to make an enough clarification about all important facts, but also offer them to ask for favorable applications, especially when the clarification is not enough, the judges should add and indicate the method of evidence.1The chief judge shall, when necessary, with the parties together clarify the facts and legal relations and put forward questions from two aspects of fact and law. The chief judge should be pay attention to the suspicious things and investigate according to his power. When required by the other members in the court, the chief judge should permit their questions.Specifically, without a lawyer acting lawsuit, the judge shall have the obligation to special interpretation of the Interpretation. Interpretation includes the following three aspects: firstly, judges shall review the contents of a letter submitted to the court by the parties. Judges shall guide the parties to claim when the sued right is not argued. 2Secondly, the obligations on the parties in the trial should be prompted. As long as it is the essential fact that affect the outcome such as the parties did not have evidence or insufficient evidence, the judge will require further proof, the necessary evidence investigation appear on his own initiative. 3Thirdly, to interpret1Foster Nigel & Sule Satish. German Legal System and Laws. New York, the United States. Oxford University Press Inc. 2010.418.2Moorhead Richard & Pleasence Pascoe. After Universalism: Re-engineering Access to Justice. The United Kingdom. Blackwell Publishing Ltd. 2003.33.3Haupt Claudia E. Religion-State Relations in the United States and Germany. Cambridge, the United Kingdom.applicable law provisions of case, inform the parties what are the legal rules.4By other's faults, wise men correct their own. The reasonable thing in the German court of Interpretation is conducive to improve the level of civil trial and at the same time, also indirectly promoted the credibility of the court judge, and thus make the social public form good atmosphere of trust and obey the court decisions. Moreover, German judge in the case of trial can open heart and inform the case to the parties after a pre-determined result. This is not only required by the law, but what is more important is the absolute trust of parties to a judge. And the formation of the judicial credibility and authority of the judge is to rely on long-term and effective judicial practice to cultivate. 5How to improve the credibility of court and judge's authority to thoroughly resolve social contradictions and to effectively solve social disputes is the present before us. The revelation of this investigation is a very real problem which is very important to us. In our country, when the contradiction between the court task and the power is very clear, the judge easily concerns a case itself, make the case simplicity.6Therefore, by drawing lessons from Germany related practice of judicial system, there are important significance in developing of our country's judicial authority and the court's credibility. Although at this stage in our country to open heart and inform the case’ results to the parties in advance may not conform to China's national conditions, also may lead to a reasonable doubt of the parties, the necessary legal interpretation of judge in the trial process is a feasible relief way to the current remedy of lawsuit ability. But the parties also need to further explore in theory and practice levels in the judicial practice to find which way is more accepted.2 Court, media and the public2.1. The court spokesmen: news affairs judges, communications consultantsMost continental legal system countries have special judicial spokesmen. They can be judges, or cannot be judges, but must have the corresponding level and the legal background.Some countries have only one judge to announce national or local legal information. In magistrate's court, when reach a certain number of configurations, they will be responsible for releasing information about the local judicial justice, but there is no difference between defining job of pressing officers and communication consultants.7In Dutch, all news affairs judges make a meeting every six months discussing their experience in dealing with the media in the past six months, various activities4Barendrecht Maurits, Jansen Chris, Loos Marco , Pinna Andrea, Cascao Rui & Gulijk Stephanie van. New York. Service Contracts: Principles of European Law. The Oxford University Press Inc. 2007.421.5Weil Patrick, translated by Catherine Porter. How to Be French: Nationality in the Making since 1789. Durham and London. Duke University Press. 2008. 183,188-190.6Xu Meijun. Comparison of legal system: Take the U.K., the U.S. and Germany for example. Beijing. China People’s Public Security University Press.2010.30-33, 71-72, 93-94.carrying out with the media, the situation that the defendant or the witness's privacy has been violated, communication skills with reporters and a typical lesson from the failures of topics to communicate.8These meetings not only provide an opportunity to exchange of experience, but will help refine perfect general guidelines for the media. Such general guidelines include the court rules on the recording, video and journalists for violation of general guidelines for processing the application. 9Communication consultants’ delegation of each court also can attend the meeting. News affairs judge committee has the preparing meeting agenda and the meeting management. The Council has no right to make a decision.10Therefore, when attending judges of the news affairs unanimously pass a new general criterion, the commission should add to a guide which should be submitted to the court of the council for approval.For our country, we should plan to establish a judicial news spokesman system which is based on the form of news affairs judges and communication consultants. News affairs judges and communication consultants should be familiar with the judicial system, be able to convey information in simple words and have strong ability of social communications.2.2. A sound recording or video recording and other social media applications (also called the press)In Italy, the Netherlands, Romania and Spain, in view of the different stages of trial or the case types, the court also has different sound recording or video recording of regulations.11Dutch allows for the indictment in the trial process, summarize and sentence parts for recording video, other parts of the sound recording or video recording must be approved by the judge. 12Romania allows recording outside the court. In principle at the beginning of the case in the first few minutes also allows a sound recording or video recording. 13Trial video has been popularized for 25 years in Spain, but for individual cases the chief judge has the right to decide whether or not it should be used on its trial video ten or fifteen minutes before the court.14 Minors, sexual crime victims and the protected witnesses who appear in court to make statements is prohibited to do a sound recording or video recording.In Hungary, Italy, Lithuania, and the Netherlands, the court does not prohibit the use of mobile phones. Hungarian phenomenon of mobile phone use rarely appears in court. The judge can interfere with the trial of photography and audio video 8Squire & Peverill. Dynamics of Democracy. Madison. Brown & Benchmark. 1995. 87-91.9John & Attanasio. Understanding Constitutional Law. New Providence, NJ. LexisNexis. 2012. 100-104.10Roy L Moore. Media Law and Ethics. New York. Routedge. 2012. 54, 57.11Davis & Richard. Justices and Journalists: the U.S. Supreme Court and the Media. New York. Cambridge University Press. 2011. 134,136-139.12Hasler & Antony. Court Poetry in Late Medieval England and Scotland: Allegories of Authority. New York. Cambridge Press. 2011. 202.13Elaine Karen & Rosenblum. The Meaning of Difference: American Constructions of Race, Sex and Gender, Social class, Sexual. Dubuque. McGraw-Hill. 2011. 188.equipments (including smart phones). Meanwhile, Hungary also allows the use of foreign communication equipments in court, including having the Internet or laptops. Italy allows the use of mobile phones in the court, but if someone is disturbing court, he will be directly asked to be out of the court.15In Lithuania, the litigants can use mobile phones for the recording, but can't video. No journalists or individuals are forbidden to use mobile phone to send and receive email or on social media to communicate by law. 16The Netherlands is prohibited in court only use their phones to take pictures, if that happens, the guard shall have the right to confiscate the phones and delete photos. It is important to note that parts of the Netherlands in Rotterdam and Amsterdam, for example, ban the use of mobile phones in the court.17Social media application is a new way of court transparency, promoting interaction and cooperation and providing the opportunity for the judicial system to interact with the public. The public began to choose to use social media tools different from traditional media's, which means that the mode of communication began to go out of style. The common goal of social media is to maximize the releasing information of autonomy and accessibility of information content through a variety of different forms.18Social media has a variety of forms: social professional network (Facebook, LinkedIn), blog, Twitter, Wikipedia, social bookmarks (Diggs), network video (YouTube), network group discussion, etc.For China, I think if the law allows video on trial activities, judges, prosecutors, lawyers and other legal professionals have no right to refuse. However, the court had better listen to their opinions before deciding. The judge decided whether or not to use video, which must be given a clear reason.In the case of allowing carrying cell phones to enter the court, they shall be closed or transferred to mute state to reduce the interference of the court. For smart phones and other communication equipment, which should be highlighted, we shall formulate strict rules. If there is any violation, it should be punished.Social media can be used in the court or other judicial organization work exchange. Court releasing on social media posts had better not repeat released news articles. It should be meaningful and respected to educating and attracting the public to participate in the reply.2.3. Written judgment in the public InternetEuropean countries are in system of administration of judicial documents online. The 15The Bluebook: A Uniform System of Citation. Harvard Law Review Association. Cambridge. 2010. 31-34.16Rozell & Mark J. Media Power, Media Politics. Lanham. Rowman & Littlefield Publishers. 2008.17Baum & Lawrence. Judges and their Audicences: A Perspective on Judicial Behavior. Princeton, N.J. Princeton University Press. 2006.164.18Friedman & Lawrence M. Law in Many Societies: A Reader. Stanford, California. Stanford Law Books.Concrete is divided into three conditions:i. A court with no independent websites can release the judgments by the government web site.ii. Release through unofficial publications website.iii.The court announces on its web site and written judgments for free access to lawyers and the public. 19This way is the most common way. It not only fully reflects the court's independence but make the court release the judgments not through someone else's web site.As a rule, almost all European countries will hide personal information before the judgment is open on the Internet.From all over the world, in general, a website should meet the following conditions of the written judgments:i. The media is interested in the cases.ii. The social public is interested the cases.iii. The interpretation of the rule of law has a certain influence of the judgments. iv. Some interest groups are interested in the cases.v. The cases may be of great significance to the judicial and legal professional media. vi. A higher level court's decisions.20According to the European court documents online working situation, I suggest Chinese judicial department shall build websites under the support of administration of judicial committee or court and publish written judgments on the website.2.4. News affairs work instructions of courtsRules of some countries are used (sometimes called court news affairs work instructions or transmission protocol) in the form of a standard judicial and media relations such as Belgium, the Netherlands, Austria, Hungary, Bulgaria, Lithuania, Norway, Romania, Spain and Turkey.21Some countries regulate the relationship between justice and media by laws such as the Danish Judicial Act.By setting the court news affairs guide to regulate the relationship between justice and the media. The court news affairs guidelines can ensure the implementation by the law. It can also be a binding agreement not only a moral level, but can't break through the existing legal provisions. Court news affairs work instructions shall be as a part of national strategy in a certain period on media and social information planning.2.5. "Proactive" strategy to media of the judiciary19Herz & Michael E. The Conten and Context of Hate Speech: Rethinking Regulation and Responses. New York. Cambridge University Press.2012.301.20Moore & Roy L. Media Law and Ethics. New York. Routlledge. 2012.213.21Lunt & Peter K. Media Regulation: Governance and the Interest of Citizens and Consumers. Los Angeles. Sage.Social ideas about justice depend on the print media and broadcasting and TV transmission. Media ACTS as the intermediary between justice and general public. 22Justice system is more transparent, public would be interested in more judicial and confidence.In most European countries, the media has a strong interest in society of criminal cases. In order to balance the attention of criminal case, the court shall guide the media attention of education significance of civil cases, such as labor dispute cases, cases of consumer rights and interests and tax rules, rules of public security administrative cases. The judiciary can edit published cases setting the public attention.Since 2010, Denmark has been committed to develop more positive media communication strategies. 23When making the strategy, the Danish court has carried on the extensive investigation about the court image under the public eyes, media coverage, and the court reporter opinion of the court and so on. Investigation and analysis shows that the court's credibility is very high. However, the court is also a "stealth" organization. News reports are rarely related to court. The public knowledge about the court system is very limited, and the level of public awareness of the referee and there is a big difference between the actual cases.24Denmark strategies and strengthening overall goal is to improve the communication on the court and the degree of awareness and understanding of the legal system.25For China, the court shall provide to the media trial of case scheduling table, so that the media can choose to attend trials. At the same time, the court may, according to the degree of media attention, list separately the attention of the cases.What’s more, the country's judicial department should develop more activity projects and allow the public and large primary and secondary school students to know these items.Firstly, organize activities of "court Open Day (week)", showing various aspects of the judiciary to the public.Secondly, make a reception to unit groups to visit the court and provide explanations for it.Thirdly, print brochure or information published on the Internet theme, such as "go into court", "jury duty" and so on.Fourthly, provide teaching materials online for students and support the court to build access to contact with the school.In a word, judicial transparency has advantages and disadvantages. However, we make a proper judicial publicity that we should make can not only achieve judicial 22Agnew & Robert. Juvenile Delinquency: Causes and Control. Oxford. Oxford University Press. 2012. 99.23Jorgensen & Stig. On Justice and Law. Aarhus. Aarhus University Press. 1996.44.24Sullivan & Winnifred Fallers. After Secular Law. Stanford Calif. Stanford Law Books. 2011.136-137.independence, but be beneficial to our fair and clean of society. Therefore, we should learn more about developed countries especially continental legal system countries to improve our role of law.。