英美法系与大陆法系的区别英语作文

英美法系与大陆法系的区别英语作文
The legal systems of the UK and the USA, known as the English and American legal systems, are common law systems which are based on judge-made law. On the other hand, the legal systems of most countries in Europe, known as the civil law or continental legal systems, are based on codified laws.
The English legal system, also known as the common law system, is based on the principle of precedent, whereby decisions made in previous cases are used to guide decisions in current cases. Judges play a key role in interpreting and making law in the English legal system. This system relies heavily on the adversarial system, where two opposing parties present their cases before an impartial judge or jury.
In contrast, the continental legal system is a civil law system, which is based on codified laws. The legal code consists of laws that are enacted by a legislature or other governing body, and judges have a limited role in interpreting the law. In the civil law system, judges are seen as administrators of the law rather than creators of the law.
One of the key differences between the English and civil legal systems is the role of judges. In the English legal system,
judges have a significant amount of discretion in interpreting and applying the law, whereas in the civil legal system, judges are expected to apply the law as it is written.
Another important difference is the way in which cases are decided. In the English legal system, cases are decided based on the principles of equity and fairness, whereas in the civil legal system, cases are decided based on the strict interpretation of the law.
Furthermore, the English legal system places a strong emphasis on the rights of individuals, with a focus on protecting individual liberties and freedoms. In contrast, the civil legal system is more focused on the rights of society as a whole, with an emphasis on promoting social order and stability.
Overall, while both the English and civil legal systems aim to serve justice and uphold the rule of law, they differ in their approaches to achieving these goals. The English legal system is characterized by its reliance on precedent and the role of judges in interpreting the law, whereas the civil legal system is based on codified laws and the limited role of judges in applying the law.。