中美司法制度比较英语
中美法学教育的异同英语作文
中美法学教育的异同In the realm of legal education, China and the United States exhibit both similarities and significant differences. Understanding these disparities is crucial for legal professionals, scholars, and students alike, as it can inform cross-cultural legal practices and foster a deeper understanding of the global legal landscape.**Curricular Structure**Both China and the United States have a core curriculum that covers the basics of law, such as constitutional law, criminal law, and civil procedure. However, the approach and emphasis within these courses differ. In the United States, legal education is highly specialized, with students often specializing in a particular area of law such as corporate law, environmental law, or tax law. In contrast, Chinese law schools tend to have a moregeneralist approach, with students studying a broad range of legal disciplines before specializing in a specific area during their postgraduate studies.**Teaching Methodology**In terms of teaching methodology, American law schools are known for their interactive and participatory classrooms. The "Socratic method," in which professors pose hypothetical legal scenarios and students are expected to analyze and debate the issues, is a common teaching technique. In China, the traditional lecture format isstill predominant, with professors delivering lectures and students taking notes. However, there has been a growing trend towards more interactive teaching methods in recent years, as law schools seek to emulate the American model.**Legal Research and Scholarship**American law schools place a strong emphasis on legal research and scholarship. Faculty members are expected to publish regularly in peer-reviewed journals, and students are often required to conduct independent research projects. In China, legal research and scholarship are also valued,but the focus is more on applied research that addressesreal-world legal issues rather than theoretical explorations.**Legal Culture and Ethics**The legal cultures and ethical standards of China and the United States also differ. In the United States, legal professionals are highly regarded for their expertise and objectivity. Lawyers are expected to uphold strict ethical standards and prioritize the interests of their clients above all else. In China, legal professionals are also expected to uphold high ethical standards, but there is a stronger emphasis on social harmony and stability, which can sometimes influence legal decisions.**Conclusion**In conclusion, while there are many similarities between Chinese and American legal education, there are also significant differences in curricular structure, teaching methodology, legal research and scholarship, and legal culture and ethics. Understanding these disparities is crucial for legal professionals who hope to operate effectively in both cultures. By embracing the strengths of both systems and adapting to the unique challenges of each, legal educators and practitioners can foster a more globalized and inclusive legal community.**中美法学教育的异同**中美法学教育在多个方面展现出共同点和差异性。
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The legal systems of the world are as diverse as the cultures they represent. Two of the most prominent and influential legal systems are the Anglo-American legal system, also known as the common law system, and the civil law system, typically associated with continental Europe. While both systems serve the fundamental purpose of maintaining social order and promoting justice, they differ significantly in their structure, sources of law, and judicial processes.**Structure of the Legal Systems**The Anglo-American legal system is characterized by a hierarchical structure with a supreme court at the apex, followed by lower courts. The common law system isprimarily based on precedent, meaning that legal decisions made by higher courts are binding on lower courts, creating a consistent and predictable legal framework. This system also relies heavily on the role of judges, who are expected to interpret and apply the law based on their understanding of precedent and the Constitution.On the other hand, the civil law system follows a more centralized approach, with a codified legal framework that outlines specific rules and regulations. This system is based on a comprehensive set of laws known as the civil code, which serves as the primary source of legal guidance for judges and lawyers. The civil law system also places greater emphasis on the role of legislators, who are responsible for drafting and修订法律,而 judges are typically expected to interpret and apply these laws rather than create new precedent.**Sources of Law**In the Anglo-American legal system, the primary sources of law are statutes passed by legislators and judicial decisions made by courts. Statutes provide a general framework for legal guidance, while judicial decisions, particularly those made by higher courts, shape thespecific application of the law through precedent. This system also recognizes the importance of customary law, which is based on long-standing practices and traditions, as well as the role of equity in ensuring fairness and justice.In contrast, the civil law system relies primarily on codified laws and regulations found in the civil code. These laws are drafted by legislators and serve as the primary source of legal guidance for judges and lawyers.The civil law system also recognizes the importance of international law and treaties, as well as the role of administrative agencies in regulating specific areas of law. **Judicial Processes**The judicial processes of the two legal systems differ significantly. In the Anglo-American legal system, trials are typically adversarial in nature, with lawyers representing the plaintiff and defendant presenting their arguments and evidence before a judge. The judge then makes a decision based on the law and the evidence presented,often relying on precedent to guide their decision-making. Appeals are made to higher courts, which have the authority to overturn or modify decisions made by lower courts.In the civil law system, judicial processes are more inquisitorial, with judges actively involved ininvestigating the facts and evidence of a case. Trials are typically less adversarial, and judges play a moredirective role in determining the outcome of a case. Appeals are also made to higher courts, but the role of precedent is less significant in the civil law system, as judges are bound by the codified laws and regulations found in the civil code.In conclusion, the Anglo-American legal system and the civil law system differ significantly in their structure, sources of law, and judicial processes. The common law system relies on precedent and judicial interpretation, while the civil law system follows a codified framework and places greater emphasis on the role of legislators. Both systems have their strengths and weaknesses, and the choice of which system to adopt depends on the specific needs and values of a given society.。
中美法系区别英文稿
The difference between sino-us legal system中美法律体系之间的差异First, the difference between sino-us legal system is actually a continental law system and common law is to say, the difference in China to judge you by laws of the penalties, while the United States used the same case, how now how revolted. Before the judge is the famous by the case to conviction.首先,中美之间法律体系的差异实际上就是大陆法系和英美法系的差异,在中国的区别来判断你,法律的惩罚,而美国使用了相同的情况下,现在如何如何起义反抗。
法官面前,是著名的由案例被定罪了。
Continental, refers to the Roman law, modelled on the basis of formulation, construct and developed some of the capitalist countries, the floorboard of the legal standard with German civil code and the French civil code for typical representative.Anglo-American law, refers to the medieval English law as the foundation, especially common-law based and traditional from and developed the floorboard of the legal standard.Continental law system and common law have their respective characteristics, which have its characteristics can be summed up in the continental law system and the differences of Anglo-American law system.1, legal origin is different. Continental law statute law should be the main sources, including legal code, habits, case and theory etc, among which code is the primary sources of continental law system. In case law Anglo-American law system as the main origin, following legal precedents binding principle.2, continental law into the culture of attention, procedure and logic, the mainland legal system country most in the form of written law was enacted. Importance of Anglo-American law system, follow precedent case law principle of binding.3, the classification of law is different. The continental law is divided into public and private law, based on the law, further divided into the constitution, the administrative law, criminal law and so on, into the common law and civil law of equity.4, in litigation, continental law system, GeYiZhi system and implement trial in trial system in, the judge predominates, ask the parties, investigation and evidence collection by the judge in GeYiZhi collegial panel of jurors, common and judge the case; But Anglo-American law practice, jury system against system and the system of judges in the fight in neutral position, just as a judge, party is in the leading position. Jurors in the jury system composed alone on the jury, ultimate judgment by the judge.5, in the powers of a judge on expression is different. Continental law judge based on statutory case could make beyond the statutes; Anglo-American law judge use case to try cases, can explain according to law case ?6, legal performance in different forms. Continental compiled code to give priority to, countries of Anglo-American law system mainly case law mainly.7, subject to Roman law the influence degree of different. Continental law system based on the development of Roman law, Anglo-American law under the influence of smaller, but in church law, commercial law, and equity is still influenced by it.Continental law system and common law is different from its main historical tradition,culture and development background of different and different. Both have their respective advantages and disadvantages, such as in the powers of a judge, Anglo-American law judge can "build law", according to the laws of law cases explanation, thus to trial, this needs the judge can fully understand law And high level need judges, can better safeguard the party's interests, but also may lead to a abuse of power; Continental law system with the judges of cases that require based written laws strictly in accordance with the provisions of laws, to the extent that limits the judge's subjective initiative of the case, may judge cause unnecessary influence.With the development of The Times, the mainland legal system and the difference of Anglo-American law system shall be subject to the is less obvious, both some aspects mutual profits and mutual confluence. For example the role during the continental law system, the judge also are also increasingly obvious case of more reference before; And in Anglo-American law written clause constantly increasing. Both of the mutual profits and mutual confluence is beneficial to both also ?。
大陆法系和英美法系的区别英语作文
大陆法系和英美法系的区别英语作文Title: Distinguishing Characteristics of Continental and Common Law SystemsThe Continental and Common Law systems, two major legal traditions, exhibit distinct characteristics that reflect their historical, cultural, and societal influences. Understanding these differences is crucial for legal practitioners, scholars, and the public alike, as it allows for a deeper comprehension of the legal frameworks within which disputes are resolved and rights are protected.At the core of the Continental Law system lies its deep roots in Roman Law. This legal tradition, which has its origins in Europe, particularly in France and Germany, heavily emphasizes the codification of laws. The Continental Law system is renowned for its systematic approach to legal codification, resulting in comprehensive and often quite detailed legal codes. These codes serve as the primary source of law, guiding judges and lawyers in their interpretation and application of the law. The role of judges in this system is generally more passive, as theyare bound by the provisions of the codes and are expectedto apply them objectively.Contrastingly, the Common Law system, which has its genesis in England and has spread to many other countries, including the United States, Australia, and Canada, placesa significant emphasis on judicial precedent. The CommonLaw system relies heavily on the decisions made by judgesin previous cases, known as precedents, as the primary source of law. These precedents are binding on lower courts, creating a body of law that evolves over time through the decisions of the judiciary. Judges in the Common Law system play a more active role, as they are often called upon to interpret and apply the law to novel situations, creating new precedents in the process.Another significant difference between the two systems lies in their approach to legal reasoning. In the Continental Law system, legal reasoning is typically deductive, starting from general principles and applying them to specific cases. This approach emphasizes thelogical deduction of legal outcomes from established principles. In contrast, the Common Law system adopts aninductive approach, where legal principles are derived from the analysis of past cases and applied to new situations. This inductive reasoning allows for the gradual evolution of the law in response to societal changes and new challenges.Moreover, the structure and classification of lawdiffer between the two systems. The Continental Law system typically organizes its laws into public and private law categories. Public law covers areas such as constitutional law, administrative law, and criminal law, while private law concerns civil matters like contracts and property rights. The Common Law system, on the other hand, organizes its laws primarily around the distinction between common law and equity (or admiralty) law. Common law governs most civil disputes, while equity law deals with unique cases that require equitable solutions not easily captured by common law rules.In addition, the role of legal education and the legal profession differs between the two systems. In the Continental Law system, legal education often involves a rigorous study of legal codes and theories, preparingstudents for careers as judges, lawyers, and legal scholars. The legal profession is highly structured, with clear distinctions between different types of legal practitioners. In contrast, the Common Law system often encourages a more practical approach to legal education, focusing on case analysis and legal reasoning skills. The legal professionis also more diverse, with a range of specialties andcareer paths available to legal professionals.Finally, the two systems vary in their approach tolegal reform and development. In the Continental Law system, legal reform often involves the revision and updating of legal codes to reflect societal changes and new legal principles. This process is typically driven by legislators and legal scholars. In the Common Law system, legal reform often evolves through the decisions of judges, whointerpret and apply the law to new situations, gradually shaping the development of legal principles.In conclusion, the Continental and Common Law systems represent two distinct legal traditions with unique characteristics and approaches. While both systems aim to uphold justice and protect rights, they differsignificantly in their sources of law, legal reasoning, structure and classification, legal education, legal profession, and approach to legal reform. Understanding these differences is essential for anyone seeking to navigate the legal landscape in these respective jurisdictions.。
中美政治比较中英中英文对照
中美政治比较中英中英文对照Document number【980KGB-6898YT-769T8CB-246UT-18GG08】中美政治制度差异研究The political system of China and the United States differences research中国和美国政治制度现状China and the status quo of the American political system(一)中国的政治制度(a) of China's political system我国的政治制度概括起来主要有人民代表大会制度、中国人民政治协商制度、民族区域自治制度等。
In summary of political system in China mainly include the people's congress system, the Chinese people's political consultative system, regional national autonomy system, etc.中国宪法规定:“中华人民共和国实行的是人民代表大会制度,中华人民共和国的一切权力属于人民;人民行使国家权力的机关是全国人民代表大会和地方各级人民代表大会。
”全国人民代表大会是中国的最高国家权力机关,统一行使国家最高权力,人民代表大会制度是中国的根本政治制度,是实现人民民主专政的政治形式,是中国的政体。
全国人民代表大会和地方各级人民代表大会都由民主选举产生,对人民负责,受人民监督。
我国的选举制度是人民代表大会制度的重要组成部分,目前我国的选举制度的原则和主要内容一方面在宪法中得到确定,另一方面,全国人大组织法、地方各级人大组织法和选举法等有关法律法规也根据宪法所确立的社会主义选举制度的基本原则,对我国选举的具体内容作了详细的规定,它们同宪法一同构成了我国社会主义选举制度的法律基础。
中美司法体系比较(下)剖析
Suppression of evidence 证据的禁用
一、“证据的禁用”,即禁止非法获得的证据 在法庭使用,这是合法的行为。 二、是“隐匿证据”,即公诉人非法隐藏对被 告人有利的证据。如被发现,审判会被宣告 无效,需重新审理,并可能导致解除公诉人如果一个证人将来无法到庭作证,可以提前 把他的证言以录音、录像或逐字记录的形式 记录下来,供将来在法庭使用。 • 庭外录取证言需要双方的律师参加,通常在 一方的律师事务所进行。通常有法庭工作人 员到场,主持证人宣誓,并逐字记录全部谈 话,或录音录像。Deposition不同于中国法庭 使用的证人陈述(witness statement)。
• “发现不可避免”(inevitable discovery)的 原则,即警察只要能证明,即使使用正常侦 查手段,这项证据也会被发现,那么非法获 得的证据也可以使用。 • 1960 年前,还有银盘理论(Silver Platter Doctrine),意思是联邦法院可以接受州警 察在没有联邦参与或授权的搜查中非法获得 的证据。“银盘”比喻受到玷污的证据,用 干净的盘子托给联邦,就变成了干净的证据。
区分
• 优势证据标准主要用于民事案件,是较低的 证明标准,原告和被告谁的证据更有说服力, 谁就会胜诉。 • 排除合理怀疑标准主要用于刑事案件,是较 高的证明标准,意思是公诉人要证明到法官 (陪审团)几乎无可置疑地相信被告人犯了 罪,才能定罪,否则要放人。
美国的第三证明标准
• 美国的第三个证明标准,为clear and convincing evidence(证据清楚可信),是一 个中等水平的证明标准,用于某些种类的案 件,如国家剥夺父母监护权的案件。 • 中国刑事诉讼的证明标准是“犯罪事实清楚, 证据确实充分”clear facts, accurate and complete evidence
中美法规差异英语作文
中美法规差异英语作文Differences in Regulations between China and the United States。
In recent years, with the development of globalization, the trade relationship between China and the United States has become increasingly close. However, due to the differences in regulations between the two countries, there have been some conflicts in trade. In this essay, I will discuss the differences in regulations between China andthe United States, and their impact on trade.Firstly, the differences in regulations between China and the United States are mainly reflected in the areas of food safety, intellectual property protection, and environmental protection. In terms of food safety, Chinahas a more stringent regulatory system than the United States, which requires more testing and certification for food products. In terms of intellectual property protection, the United States has a more comprehensive legal system,which provides stronger protection for intellectualproperty rights. In terms of environmental protection,China has stricter regulations in some areas, such as air pollution control, while the United States has stricter regulations in other areas, such as water pollution control.Secondly, the differences in regulations between China and the United States have a significant impact on trade. For example, the differences in food safety regulationshave led to some trade disputes between the two countries.In 2013, China banned the import of U.S. poultry due to concerns about the use of antibiotics in the production process. This ban was lifted in 2019, but it had asignificant impact on the U.S. poultry industry. In termsof intellectual property protection, the differences in regulations have led to some disputes between Chinese and American companies. For example, in 2018, the United States imposed tariffs on Chinese goods in response to allegations of intellectual property theft by Chinese companies. This has led to a trade war between the two countries, which has had a negative impact on both economies.Finally, to address the differences in regulations between China and the United States, both countries need to work together to establish a more harmonious regulatory framework. This can be achieved through dialogue and cooperation between the two countries, as well as the development of international standards for food safety, intellectual property protection, and environmental protection.In conclusion, the differences in regulations between China and the United States are significant, and they have a significant impact on trade between the two countries. To address these differences, both countries need to work together to establish a more harmonious regulatory framework, which will benefit both economies in the long run.。
中美法规差异英语作文高中
As a high school student with a keen interest in international relations and comparative law, Ive always been fascinated by the differences between the legal systems of China and the United States. The study of these systems not only broadens my understanding of the world but also highlights the unique cultural and historical contexts that shape each countrys approach to law.Growing up in China, I was naturally more familiar with the legal framework that governs my country. The Chinese legal system is based on civil law, which means that laws are codified and judges are expected to apply the law as it is written without creating new law through their decisions. This system is deeply rooted in the countrys history and reflects a strong emphasis on stability and uniformity in the application of the law.In contrast, the United States operates under a common law system. Common law is characterized by the importance of precedent, where judges make decisions based on previous court rulings. This system allows for more flexibility and adaptability in the law, as it evolves with societal changes and new challenges. The U.S. legal system also places a strong emphasis on individual rights and liberties, as enshrined in the Constitution.One of the most striking differences between the two systems is the role of the jury. In the United States, juries play a crucial role in the judicial process, deciding the facts of a case and determining guilt or innocence. This is a reflection of the democratic ideals that underpin American society, where the people have a direct say in the administration of justice. InChina, however, there is no equivalent institution, and the decisionmaking process is solely in the hands of the judge or panel of judges.Another significant difference lies in the approach to criminal justice. In the U.S., the presumption of innocence until proven guilty is a fundamental principle. The burden of proof lies with the prosecution, and defendants have extensive rights, including the right to remain silent and the right to a fair and speedy trial. In China, while the law also states that one is innocent until proven guilty, the process can sometimes be less transparent, and the state has more power in the investigation and prosecution of crimes.The differences in legal systems also reflect broader cultural and philosophical differences. The Chinese approach, with its emphasis on collective harmony and social stability, is deeply influenced by Confucian thought. The American system, with its focus on individual rights and freedoms, is heavily influenced by Enlightenment ideals.A practical example of these differences can be seen in the way intellectual property is protected. In the U.S., the legal framework is robust and actively enforced, with a strong culture of respecting and protecting creative works and inventions. In China, while the laws are catching up, the enforcement and societal attitudes towards intellectual property are still evolving.Moreover, the differences in legal education are also telling. In the U.S., law students are trained to think critically and argue cases from multiple perspectives, which is reflective of the adversarial nature of the courtroom.In China, the focus is more on understanding and applying the law as it is written, which aligns with the civil law tradition.The impact of these legal differences is farreaching. For businesses operating in both countries, understanding the legal landscape is crucial for success. For individuals, it shapes their rights and freedoms. And for me, as a student, it provides a rich area of study that connects history, culture, and society.In conclusion, the differences between the Chinese and American legal systems offer a fascinating study in contrasts. They highlight the importance of context in shaping legal systems and underscore the value of understanding different approaches to justice. As I continue my education and consider my future, I am drawn to the complexity and richness of this field, and I look forward to further exploring the intersections of law, culture, and society.。
中美法学教育的异同英语作文
中美法学教育的异同英语作文Legal education is a critical component of a nation's educational system, as it lays the foundation for the development of a robust legal framework and the training of future legal professionals. The legal education systems in China and the United States, two of the world's largest economies and influential legal systems, exhibit both similarities and differences that are worth exploring.One of the primary similarities between the Chinese and American legal education systems lies in the overall structure and curriculum. Both countries typically require a four-year undergraduate degree, followed by a three-year law degree program, commonly referred to as a Juris Doctor (J.D.) in the United States or a Juris Master (J.M.) in China. These programs provide students with a comprehensive understanding of legal principles, case law, and the practical application of the law.However, the specific curricular focus and emphasis can vary between the two countries. In China, legal education tends to have a stronger emphasis on theoretical and doctrinal knowledge, with agreater emphasis on civil law traditions and the interpretation of statutes and codes. This is reflective of China's legal system, which is primarily based on a civil law tradition inherited from the continental European model. As a result, Chinese law students often spend a significant amount of time studying legal theory, legal history, and the interpretation of legal texts.In contrast, the American legal education system places a greater emphasis on the common law tradition, which is characterized by a more case-based approach to legal analysis and problem-solving. American law students are often required to engage in extensive case law analysis, participate in moot court competitions, and develop strong skills in legal research, writing, and advocacy. This approach is designed to prepare students for the practical realities of the legal profession, where they will be expected to navigate complex legal issues and advocate for their clients in court.Another key difference between the two systems lies in the role of legal clinics and practical training. In the United States, law schools have long recognized the importance of providing students with hands-on experience through clinical programs, where they can work with real clients and engage in the practice of law under the supervision of experienced attorneys. These clinics cover a wide range of legal specialties, from criminal law to business transactions, and are often seen as an essential component of a well-roundedlegal education.In contrast, the integration of practical training into the Chinese legal education system has been a more recent development. While some Chinese law schools have started to incorporate clinical programs and internships into their curricula, the overall emphasis on practical training has historically been less pronounced than in the United States. This difference reflects the traditional emphasis in China on theoretical knowledge and the perceived role of the legal profession as primarily focused on interpretation and application of the law, rather than active advocacy and representation.Despite these differences, both the Chinese and American legal education systems have undergone significant reforms and adaptations in recent years, driven by the changing demands of the legal profession and the evolving needs of society. In China, for example, there has been a growing recognition of the importance of practical skills and the need to better prepare law graduates for the realities of legal practice. As a result, some law schools have introduced more clinical programs, moot court competitions, and other practical training opportunities.Similarly, in the United States, there has been an increased focus on the development of "practice-ready" lawyers, with law schools placing greater emphasis on skills-based learning, interdisciplinaryapproaches, and the integration of technology into the curriculum. This shift reflects the changing landscape of the legal profession, where clients increasingly demand lawyers who can provide efficient, cost-effective, and innovative solutions to complex legal problems.Despite these convergences, significant differences in the underlying legal traditions, educational philosophies, and cultural norms continue to shape the legal education systems in China and the United States. These differences can have important implications for the preparation and professional development of lawyers in each country, as well as the broader legal landscape and the role of the legal profession in society.In conclusion, the comparison of legal education in China and the United States reveals a complex and multifaceted landscape, with both similarities and differences that reflect the unique historical, cultural, and institutional factors shaping each country's legal system. As both nations continue to evolve and adapt their legal education systems to meet the changing needs of the 21st century, it will be important to carefully consider the strengths and weaknesses of each approach, and to explore opportunities for mutual learning and exchange.。
中美的会计准则制度的对比英语作文
中美的会计准则制度的对比英语作文A Comparison of Accounting Standards and Systems between China and the United StatesIntroductionIn today's global economy, accounting standards play a crucial role in ensuring the transparency and reliability of financial reporting. China and the United States, as two of the world's largest economies, have their own unique accounting systems and standards. In this paper, we will compare the accounting standards and systems of China and the United States, highlighting the key similarities and differences between the two countries.Accounting Standards in ChinaIn China, the accounting standards are issued by the Ministry of Finance (MoF) and are known as Chinese Accounting Standards (CAS). CAS are based on a mix of international accounting standards (IAS/IFRS) and local regulations. The standards are compulsory for all enterprises in China, including foreign-invested enterprises and listed companies. CAS are aimed at improving the quality and transparency of financialreporting, enhancing the comparability of financial statements, and facilitating the development of the capital markets.One of the key characteristics of CAS is that they are more rules-based than principle-based. This means that the standards provide detailed guidelines and specific rules for financial reporting, leaving less room for interpretation. In addition, Chinese accounting standards place a strong emphasis on prudence and conservatism, which can sometimes lead to more conservative financial reporting practices.Accounting Standards in the United StatesIn the United States, accounting standards are issued by the Financial Accounting Standards Board (FASB) and are known as Generally Accepted Accounting Principles (GAAP). GAAP are considered the gold standard of accounting in the United States and are widely recognized and accepted by investors, regulators, and other stakeholders. GAAP are based on a principles-based approach, which focuses on conceptual frameworks and broad accounting principles rather than detailed rules.One of the key characteristics of GAAP is their flexibility and adaptability. GAAP allows for professional judgment and interpretation in financial reporting, which can result in more subjective accounting practices. In addition, GAAP also place astrong emphasis on fair value accounting, which values assets and liabilities at their current market prices.Comparison of Accounting SystemsWhen comparing the accounting systems of China and the United States, several key differences emerge. One of the main differences is the level of government involvement in setting accounting standards. In China, the government plays a more active role in regulating and enforcing accounting standards, while in the United States, the FASB operates independently of the government.Another difference is the level of enforcement and compliance with accounting standards. In China, there have been concerns about the quality and reliability of financial reporting, with instances of fraud and misrepresentation. In contrast, the United States has a strong regulatory framework and enforcement mechanisms to ensure compliance with GAAP.ConclusionIn conclusion, while both China and the United States have their own unique accounting standards and systems, they share a common goal of enhancing transparency and reliability in financial reporting. The differences between the two countries liein the approach to setting standards, the level of government involvement, and the emphasis on rules-based versus principles-based accounting. By understanding these differences, companies operating in both countries can navigate the complex landscape of global accounting standards and comply with the regulatory requirements of each jurisdiction.。
中美司法制度的不同
中美司法制度的不同The judicial systems of China and the United States are fundamentally different due to their divergent legal traditions, political systems, and cultural backgrounds. These differences can be observed in various aspects, including the independenceof the judiciary, the process of appointing judges, the role of the courts, and the rights of defendants. In this essay, I will explore these differences in detail.Thirdly, the role of the courts in China and the US is quite different. In the US, the courts play a crucial role in interpreting and applying the law. Judicial decisions arebinding and serve as precedents for future cases. The courtsalso have the power to strike down laws or executive actionsthat are deemed unconstitutional. In China, on the other hand,the role of the courts is more limited. The judiciary is seen as a tool of social control and is primarily focused on maintaining social stability. This means that courts in China may be less willing to challenge the actions of the government or protect individual rights.Finally, the rights of defendants also vary between the two countries. In the US, defendants are afforded numerous rights, such as the right to legal counsel, the presumption of innocence, and protection against self-incrimination. These rights are enshrined in the US Constitution and are seen as crucial forensuring a fair trial. In China, defendants have fewer rightsand the presumption of guilt often prevails. For example, suspects can be held in detention for extended periods without formal charges and may face coercion or torture in order toobtain confessions. This raises concerns about the due process rights and the treatment of defendants in the Chinese criminal justice system.In conclusion, the judicial systems of China and the United States differ significantly due to their distinct legal traditions, political systems, and cultural contexts. These differences can be observed in the independence of the judiciary, the process of appointing judges, the role of the courts, andthe rights of defendants. Understanding and appreciating these differences is essential for fostering cooperation and dialogue between the two countries, as well as promoting the rule of law and human rights on a global scale.。
中美法律英文作文
中美法律英文作文1. What is the difference between Chinese and American legal systems?The Chinese legal system is based on civil law, which means that laws are created through legislation and interpreted by judges. In contrast, the American legal system is based on common law, which means that laws are created through judicial decisions and interpreted by judges. Additionally, the Chinese legal system places a greater emphasis on the role of the state in enforcing laws, while the American legal system places a greater emphasison individual rights and freedoms.2. How do Chinese and American laws differ in terms of intellectual property protection?Chinese and American laws differ in terms ofintellectual property protection in several ways. For example, American laws provide stronger protection fortrademarks and copyrights, while Chinese laws provide stronger protection for patents. Additionally, American laws allow for punitive damages in cases of intellectual property infringement, while Chinese laws do not. Finally, American laws provide for more extensive remedies, such as injunctions and the seizure of infringing goods, while Chinese laws provide more limited remedies.3. What are some challenges that arise when doing business in China from a legal perspective?There are several challenges that arise when doing business in China from a legal perspective. For example, the Chinese legal system is often criticized for lacking transparency and consistency, which can make it difficult for foreign businesses to navigate. Additionally, the enforcement of contracts and intellectual property rights can be weak in China, which can make it difficult for foreign businesses to protect their interests. Finally, there are cultural and linguistic barriers that can make it difficult for foreign businesses to understand and comply with Chinese laws and regulations.4. How do Chinese and American laws differ in terms of criminal justice?Chinese and American laws differ in terms of criminal justice in several ways. For example, Chinese criminal law places a greater emphasis on rehabilitation and reeducation, while American criminal law places a greater emphasis on punishment and deterrence. Additionally, the Chinese legal system allows for detention without trial for up to six months in certain cases, while the American legal system requires a trial within a reasonable amount of time. Finally, the Chinese legal system does not provide fortrial by jury, while the American legal system does.5. What are some similarities between Chinese and American legal systems?Despite their differences, there are some similarities between Chinese and American legal systems. For example, both systems are based on the principle of the rule of law, which means that laws apply equally to all individuals andentities. Additionally, both systems provide for the right to legal representation and the right to a fair trial. Finally, both systems have provisions for appeals and the review of judicial decisions.。
中美政治体制差异英文
Outlinecomparison on the following aspects:1.Parliament2.Political parties3.Judicial SystemTHE DIFFERENCE OF THE GOVERNMENT BETWEENCHINA AND THE USAThere are lots of English speaking countries in the world and there also many differences between China and them on many aspects. For example, comparing the government with the USA, I’d like to talk something about the differences through Parliament, Political parties, Judicial System and so on.PARLIAMENTAmerica's highest legislative body (legislative branch), imple ment the legislative provisions of the Federal Constitution, th e actual location of the Capitol in Washington, DC, by the Sen ate and the House of Representatives; the Chamber of Deputi es; the Lower House, number of members to 535. Senator is d irectly elected by the states, each state has 2. implement of th e principle of equal representation of the states. Existing Members 100. Elected senator must be at least 30 years old, full nine years as a U.S. citizen, was elected the state's residents w hen elected. Six-year term, reelection every two years 1/3, re-elected. Rep. (congressman) number assigned by the proporti on of the population states, elected by direct election, at least one in each state, the number is fixed at 435, must be at leas t 25 years of age, as a U.S. citizen full seven years, when elect ed to the state's elected residents. 2-year term, be re-elected. Members of both houses of long-term election is a common phenomenon. Members shall serve other government duties, Members of Parliament represent their constituency voters, b ut is representative of the country as a whole, the voters, to r egulate the behavior of the government and the people thro ugh legislation.National People's Congress exercises the following powers:(1) amend the Constitution;(2) to oversee the implementation of the Constitution;(3) the formulation and revision of criminal, civil, national insti tutions and other basic laws;(4) Elect the chairman of the People's Republic of China, and Vice Chairman;(5) According to nominate the Chairman of People's Republic of China, decided to Premier candidates; upon nomination by the Premier's decision, Ministers, Deputy Premier, State Coun cilor, commissions, the Auditor General, the Secretary-Genera l of the candidates;Chairman(6) to elect the Central Military Commission; upon nomination by the Chairman of the Central Military Commission, the choi ce of other members of the Central Military Commission;(7) to elect Supreme People's Court;(8) the election of the Supreme People's Procuratorate;(9) review and approve the national economic and social deve lopment plans and reports;(10) to examine and approve the budget and the report on the implementation of the country;(11) to alter or annul the Standing Committee of National Pe ople's Congress inappropriate decisions;(12) to approve provinces, autonomous regions and municipa lities to build;(13) to decide the establishment of the Special Administrative Region and its institutions;(14) to decide questions of war and peace;(15) other functions and powers shall be exercised by the sup reme organ of state power.POLITICAL PARTIESThe United States has multiple parties, but only republicans and Democrats play a significant role in the domestic politic and social life.<1> Republican PartyRepublican Party was founded in 1854. Republican Party held power for the first time when Abraham Lincoln became President in 1861. During the later 70 years (except 1916), Republican party had presided over the White House. Generally, in the presidential election, voters who vote for the party’s candidate were party members of Republican Party. Republicans generally conservative on social issues and was the classical liberalism on economic issues. They purse tough defense and foreign policy ,belong to interventionism route.<2> Democratic PartyDemocratic Party’s predecessor--Democratic republican was founded in 1792 by ThomasJefferson. In the party-building initial period, it mainlyrepresented the interests of southern slave owners, western agriculture entrepreneurs and north middle bourgeoisie. In the early 19th century, Democratic Republican split, one part who claimed to be the National Republican, later renamed the Whig party. The other part represented by Andrew Jackson was established as Democrats in 1828, and formally named for Democrats in 1840. Generally, in the presidential election, voters who vote for the party’s candidate were party members of Democratic Party. Democratic were liberal on social issues, progressive and liberal on economic issues.<3>Other partiesUnited States Green Party、Reform Party of the United States of America、Communist Party of United States of America. Americans generally tend to support one of the two parties, but some people would support independent candidate of small parties, including the liberal party, the greens, constitution, etc.On November 4, 2008, the democratic candidate Barack Obama was elected as the 44th President of the United States, took office on January 20th, 2009, became the firstAfrican-American President in American history.Modern China's political party is produced in the late 19th century. From 1920s to 1940s, the Chinese Kuomintang and the Communist Party formed the two major political parties. There is a long time struggle between the CPC and the KMT, but during the first Sino-Japanese War and the Revolutionary War, the two parties had twice cooperation against the common enemy. In 1949, the Communist Party led the people to overthrow the KMT's authoritarian rule and established the People's Republic of China. CPC and eight democratic parties established long-term cooperation with the Chinese system of multi-party cooperation and political consultation under the leadership of the communist party. Eight democratic parties worked together and became the participating parties.JUDICIARYThe basic framework of the agency court divided into federal court and state district court, two completely independent systems. Federal court was consisted by the federal Supreme Court and federal court of appeals, the federal district court and the special court (i.e. the bankruptcy court, court of international trade and the compensation court, etc.).The Supreme Court was established by the constitution of theUnited States. The judges carry Unchangeable system, Professional system, High salary system, Retirement system. There is no unified administrative court in the United States. Besides the ordinary court, independent institutions also have the right to accept and ruling Administrative disputes. Standard mode of organization and management systems of the U.S. courts have diversity. Court has unified model is the objects of traditional court organization and management system, but there are also many problems. There are disputes about U.S. court organization and management unified model, then appeared a new ideal target modes: decentralization, consultation and emergency type.Under the PRC Constitution and the Law of Organization of the People's Courts, the judicial system is made up of the Supreme People's Court,the local people's courts,military courts and other special people's courts. The local people's courts are comprised of the basic people's courts, the intermediate people's courts and the higher people's courts. The basic people's courts are organized into civil,criminal,economic and administrative divisions. The intermediate people's courts are organized into divisions similar to those ofthe basic people's courts, and are further organized into other special divisions,such as the intellectual property division. The higher level people's courts supervise the basic and intermediate people's courts. The people's procuratorates also have the right to exercise legal supervision over the civil proceedings of people's courts of the same level and lower levels. The Supreme People's Court is the highest judicial body in the PRC. It supervises the administration of justice by all of the people's courts.Uh! Finally I finished this task. now, put all above away, I real words want to say is China is a forbidden country, and he fucked all so called LAW. Only power and money speaks. While USA is not that far beyond PRC. USA’s tomorrow is all depend on what those ten big consortium.But America people seems still have more freedom than Chinese people do, since The holocaust happened 25 years ago. And personally ,I’ve just finished my ten days home arrest by Chinese FBI. I can not see in such environment, how on erath can we help change our country, our life.Thank you for your teaching, and I’ll always remember the days we spend together in this small campus and the sentence“Are you hungry now?”Bye bye.。
中美政治比较中英中英文对照
中美政治比较中英中英文对照Document number【980KGB-6898YT-769T8CB-246UT-18GG08】中美政治制度差异研究The political system of China and the United States differences research中国和美国政治制度现状China and the status quo of the American political system(一)中国的政治制度(a) of China's political system我国的政治制度概括起来主要有人民代表大会制度、中国人民政治协商制度、民族区域自治制度等。
In summary of political system in China mainly include the people's congress system, the Chinese people's political consultative system, regional national autonomy system, etc.中国宪法规定:“中华人民共和国实行的是人民代表大会制度,中华人民共和国的一切权力属于人民;人民行使国家权力的机关是全国人民代表大会和地方各级人民代表大会。
”全国人民代表大会是中国的最高国家权力机关,统一行使国家最高权力,人民代表大会制度是中国的根本政治制度,是实现人民民主专政的政治形式,是中国的政体。
全国人民代表大会和地方各级人民代表大会都由民主选举产生,对人民负责,受人民监督。
我国的选举制度是人民代表大会制度的重要组成部分,目前我国的选举制度的原则和主要内容一方面在宪法中得到确定,另一方面,全国人大组织法、地方各级人大组织法和选举法等有关法律法规也根据宪法所确立的社会主义选举制度的基本原则,对我国选举的具体内容作了详细的规定,它们同宪法一同构成了我国社会主义选举制度的法律基础。
中美司法制度对比
中美司法制度对比篇一:中美司法法律制度比较acomparisonofJudicatureandlegalSystembetweenchinaandUS chinaandtheUnitedStatesaretwomainpowerfulcountiesineconomicandmilit aryfieldsintheworld.nevertheless,inthepoliticalsystemandsocialandcultural aspects,therearemanycrucialdifferencesbetweenthem.Thesedifferencesaret ooexcessivetootremendousandtoodeep-going,asaresult,thetwocountiesdivergemarkedlyw henitcomestoalmosteveryinternationalaffair.wedon’thavethatwisdomandstrengthofresearchingandprobingthosedifferences.Th atbeingso,let’sgiveitaheadstartinthejudicialsystemandlaw. Judicialsystem JudicialsystemofUSistotallydifferentfromours.Firstly,america’sjudiciaryisonebranchofthatthreebranches—thelegislativebranch,theexecu tivebranchandthejudicialbranch.Thosethree branchesdividenationalgovernment’spowerintothree.Thisdivisionofauthorityisknownasasystemofchecksand balancesestablishedbytheconstitution,whichismeanttopreventanyofthethre ebranchesfromhavingtoomuchpower.Eachbranchhascertaincontrolsoverth eotherbranches.Eachbranchcanlimittheotherbranchesfromgainingtoomuchpower.inotherwords,eachbranchofthethreebranchesisequaltoeachother.it’simpossibletoletonebedominatedbyanother.Socourtsinamericadon’tcareaboutwhattheadministratorsthink.Theyjustmaketheverdictaccordingt otheconstitutionandlawandonthebasisofevidence.Butinchina,thecaseiscom pletelydifferent.inversely,chinagovernmentpursuesthecentralizationpolitic alsystemratherthanthetripartitepoliticalsystemofchecksandbalances.Judicialsysteminchinaisnota partyofchecksandbalances,notatall.moreimportantly,inordertosegmentand weakenjudiciary’spower,statusandweight,thejudicialsystemitselfhasbeendividedintomanybranches,mainlyth ecourtandProcuratorate.courtsinchinaisjustalittledepartmentinnationalpoli ticalsystem,whichcanbecontrolledandimpactedbymanyothergovernment’sbranches,forexample,nationalPeople’scongressStandingcommittee,officeofLegislativeaffairs,judicialbureauand LawcouncilofvariouslevelscPccommitteeandsoon.Tosomedegree,china’s wsarejustreference.Leader’swritteninstructionorcommentsarerealandpotentialcriterion.Sowecanseeth atthestatusand importanceofjudicialsysteminamericaarehigherandmoresignificantthanitin china.what’smore,america’sjudicialsystemisindependentandself-governed, butamightyandindependentjudicialsystemcan’tbefoundinchina.acase’saffirmationandverdicthavetobedirectedandinterferedbymanyindividualsa ndorganizationsinchina.Forinstance,ifagovernment’sleaderorofficialbreaksthelawandcommits,thejudicialdepartmentcan’tacceptthelawsuitandenquirehimatonce,beforethecdic(commissionfordisci plineinspectionofthecPc) investigatehisbehaviorandmakedecisionthatwhetherheshouldbepushedinto thejudicialsystem.iftheoffenderisadepartmentalorhigherlevelcadre,reviewi nghimhavetobeapprovedandratifiedbythecentralcommitteeofthecommunis tPartyofchina.Thatistosay,ifaleaderorofficialkilledhundredsofpeople,rapedhundredsmaidensandcorru ptedhundredsmillions,thecourtscan’tdoanythingtohimbeforethecdicconfirmshisatrocitiesandcrimeseven thoughvictimshaveprosecutedhimthousandstimes.Thusitcanbeseenthatinourcountry,thereexistsanorganizatio nwhichhasmuchmorepowerandmuchhigherstatusthananyotherorganizatio ns.Beforeitsrules,thelawsarehumble,faintandimpotent.So,whydosomanyu njustandunequaleventstakeplacepervasivelyandconstantly?whydosomanyi nnocentpersonshavebeenextortedconfessionsbymeansoftorture?whydotho se malfeasantsandnobleculpritscangetawayunpunishedbeyondthearmofthela wandconstitution.Thereasonisthatwehaven’tacompletelyindependentandadequatelypowerfuljudicialsystemtorestrictandcontendagainstotherpoliticalsystemsorindividuals.Secondly,anotablecharacteristicofamerica’sJudiciaryisitsJurysystem.EverycourtfromtheSupremecourtoftheUnitedSt atestoaciviccourthasitsown篇二:中美审判制度对比我国自1949年建立起人民民主专政的社会主义国家,同时也决定了我国人民民主专政的国体,在国体的指导下,确定了我国的政体是人民代表大会制度,相应的我国是世界上最大的单一制国家。
英语论文 中美政体比较
The Most Suitable One Is the Best OneAbstract:Up to now, though the economic situation has improved, the U.S. is still under the shadow of financial crisis happened on September 15th, 2008. While, in China, the economic condition is also affected by the crisis, but it is little. What causes the different extent of interference between the two countries? The Wall Street in America being the economic center is a big factor, but we can’t ignore the most important factor behind it which is the political system.Crucial words:Political system, NPC, individualism, collectivism, separation of powers, dialecticallyMain text:In the U.S., its government has generally operated on laissez-faire and free-market principles of Scottish economist Adam Smith , whose 1776 book The Wealth of Nations shared the natural law philosophy in Tomas Jefferson’s Declaration of Independence. Agreeing with Smith that individual self-interest would promote the general welfare, its government has limited its intervention into business dealings, which, in turn, has given rise to entrepreneurship and an individual “pursuit of happiness”. Individualism is a strong belief of most Americans. A big factor forming the American philosophy of economy and politics, is the 200 years ofbasically stable government—the Civil War notwithstanding—and the creative tension between individual freedom and state responsibility. Influenced by the idea of individualism, as a result, the individual self worth is crucial to the philosophy of capitalism and to the workers who make the wealth. So, America takes the capitalist market economy system. Under such a kind of system, and the strong interventionist and regulationist role, which was played by the government form the Great Depression to the 1970’s—the Keynesian, has been criticized strongly. After that, the Neoliberalism thought is sought. Governmental trend has been towards deregulation. Because of this thought of economics and management, it caused a much less intervention into the economy, not enough promotion or protection from government, and excessive liberalism and individualism, the inevitable consequence comes out.Differently, our country China takes the socialist economic system. The most part of it is the public ownership. Not the limited interventionist in the U.S., Chinese government attaches importance to whole country’s interventionist and regulation, so our government takes measures which called Macro—control, which is a big invisible hand. Unlike the individualism and liberalism, Chinese values more about the collectivism and the sense of unity. Affected by this kind of thought, Chinese think the national and collective’s interest is much more important than personal interest. For the purpose of the whole nation’s interest, we Chinese are taught ready tosacrifice ourselves at any moment. However, it is not the same as American. They think more about themselves—more egoism. It is said that if the soldiers get through a war, the U.S. advocates when faced with danger, they should protect themselves rather than continuing fighting.The whole country’s individualism or collectivism can also be found in a very small phenomenon—the family value. In America, when children grow up, they move away from home and run their own independent life. What’s more, because of the high pension of general welfare, children grown-up don’t need to maintain their parents, so that they live away from them. Completely differently, Chinese law stipulates people have the maintenance obligations for their parents. As a result, most families in China live the children, parents, grandparents together. This contrary is a miniature of American and Chinese political system.The two completely different systems both have superiorities and inferiors. In China, the legislature, judiciary and executive are all made up of National People’s Congress (NPC). While the U.S. owns the independent parliament, independent court and independent president—called the separation of powers. Why does China persevere with the People’s Congress System instead of the separation of powers? I have to admit Chinese system is not as democratic as in the U.S., but being not democratic enough does not mean it is not a good system. Instead, the NPC is the most suitable system for present China. It is because that thegreatest feature of the large population base--1.3 billion people. If China should implement everyone’s democracy, the efficiency would step into an awfully low status, the funds would be spent too much, which would lead to the result that the interests of people can not be protected timely or effectively. So, if now China wants to adopt a new policy or elect a new leading member, under the NPC system, we will choose deputies from country sides, towns, counties, and cities who are elected by local common people, then the national, provincial deputies are elected indirectly by the low ranking deputies. These deputies are on behalf of the most common people’s fundamental interests considering the efficiency. Yet, just because of the number of deputies is small, it may lead to the co centralization of powers, and maybe some common people’s views will be ignored. In the contrast, the separation of powers in the U.S. realizes the decentralization of powers. So it can reduce the abuse of powers, to a certain extent, it is more democratic. However, that may lead to a big expense of efficiency sometimes at the price of ignoring or sacrificing common people’s interests. Take an easy example, supposing there is a big disaster happened, China would take quick actions as fast as possible, while the U.S.A would discuss with the consortium wasting much time, which may delay the best timing for rescuing. In the realization of common democracy, one of American dominance is the small number of population. Moreover, it is a nation of immigration, most American advocate freedomand individualism, so the democratic system is the inevitable consequence. In the opposite way, from the ancient age—for about 5,000 years of history, Chinese advocate more about the collectivism and the spirit of sacrificing himself all the time, so Chinese regard more seriously about the interests of the whole nation.In a word, by so many comparisons and contrasts, we can not judge arbitrarily which political system is wonderful or awful. Instead, we should treat and comment them dialectically. The system of government is the product of a whole country’s history, culture, values and morality, etc. So, let’s come to my conclusion: the most suitable political system is the best one for its nation.Reference:Contemporary American (second edition)—by Russell Duncan, Joseph Goddard.。
最新中美司法体制对比精品课件ppt
(3)The Executive Branch(行政机构)
• the President the head of state and government & Commander-in-Chief of the armed forces (国家元首 政府首脑兼武装部 队总司令)
• 助理法官 Associate Justices
3.司法审查制度
• 中国:目的是纠正执法过程中的违法行为 。由相关各级人民法院行使。
• 美国:目的是维护国家宪法的权威,纠正 一切违反宪法的行政行为和立法行为。只 能有最高法院行使。
4.陪审团制度(jury system)
• (1)陪审员选择:不满21周岁,不在本土居 住,不通晓英语,听力有障碍,有前科者, 没有资格充当陪审员
State Supreme Court
Courts of Appeals(上 诉)
U.S. Courts of Appeals
CourtsTrail courts(初审)
U.S. District Court
(China)
Supreme People's Court (SPC) 最高人民法院
high people's courts高级人民法 院
• (2)实施:听控辩双方提供的证据 陪审团 评议 陪审团裁决 有罪、无罪
中美司法体制对比
1.The Structure of Federal Government (联邦政府构架)
c.federalism(联邦制) d. congress law
中美政治体制差异英文
Outlinecomparison on the following aspects:1.Parliament2.Political parties3.Judicial SystemTHE DIFFERENCE OF THE GOVERNMENT BETWEENCHINA AND THE USAThere are lots of English speaking countries in the world and there also many differences between China and them on many aspects. For example, comparing the government with the USA, I’d like to talk something about the differences through Parliament, Political parties, Judicial System and so on.PARLIAMENTAmerica's highest legislative body (legislative branch), imple ment the legislative provisions of the Federal Constitution, th e actual location of the Capitol in Washington, DC, by the Sen ate and the House of Representatives; the Chamber of Deputi es; the Lower House, number of members to 535. Senator is d irectly elected by the states, each state has 2. implement of th e principle of equal representation of the states. Existing Members 100. Elected senator must be at least 30 years old, full nine years as a U.S. citizen, was elected the state's residents w hen elected. Six-year term, reelection every two years 1/3, re-elected. Rep. (congressman) number assigned by the proporti on of the population states, elected by direct election, at least one in each state, the number is fixed at 435, must be at leas t 25 years of age, as a U.S. citizen full seven years, when elect ed to the state's elected residents. 2-year term, be re-elected. Members of both houses of long-term election is a common phenomenon. Members shall serve other government duties, Members of Parliament represent their constituency voters, b ut is representative of the country as a whole, the voters, to r egulate the behavior of the government and the people thro ugh legislation.National People's Congress exercises the following powers:(1) amend the Constitution;(2) to oversee the implementation of the Constitution;(3) the formulation and revision of criminal, civil, national insti tutions and other basic laws;(4) Elect the chairman of the People's Republic of China, and Vice Chairman;(5) According to nominate the Chairman of People's Republic of China, decided to Premier candidates; upon nomination by the Premier's decision, Ministers, Deputy Premier, State Coun cilor, commissions, the Auditor General, the Secretary-Genera l of the candidates;Chairman(6) to elect the Central Military Commission; upon nomination by the Chairman of the Central Military Commission, the choi ce of other members of the Central Military Commission;(7) to elect Supreme People's Court;(8) the election of the Supreme People's Procuratorate;(9) review and approve the national economic and social deve lopment plans and reports;(10) to examine and approve the budget and the report on the implementation of the country;(11) to alter or annul the Standing Committee of National Pe ople's Congress inappropriate decisions;(12) to approve provinces, autonomous regions and municipa lities to build;(13) to decide the establishment of the Special Administrative Region and its institutions;(14) to decide questions of war and peace;(15) other functions and powers shall be exercised by the sup reme organ of state power.POLITICAL PARTIESThe United States has multiple parties, but only republicans and Democrats play a significant role in the domestic politic and social life.<1> Republican PartyRepublican Party was founded in 1854. Republican Party held power for the first time when Abraham Lincoln became President in 1861. During the later 70 years (except 1916), Republican party had presided over the White House. Generally, in the presidential election, voters who vote for the party’s candidate were party members of Republican Party. Republicans generally conservative on social issues and was the classical liberalism on economic issues. They purse tough defense and foreign policy ,belong to interventionism route.<2> Democratic PartyDemocratic Party’s predecessor--Democratic republican was founded in 1792 by ThomasJefferson. In the party-building initial period, it mainlyrepresented the interests of southern slave owners, western agriculture entrepreneurs and north middle bourgeoisie. In the early 19th century, Democratic Republican split, one part who claimed to be the National Republican, later renamed the Whig party. The other part represented by Andrew Jackson was established as Democrats in 1828, and formally named for Democrats in 1840. Generally, in the presidential election, voters who vote for the party’s candidate were party members of Democratic Party. Democratic were liberal on social issues, progressive and liberal on economic issues.<3>Other partiesUnited States Green Party、Reform Party of the United States of America、Communist Party of United States of America. Americans generally tend to support one of the two parties, but some people would support independent candidate of small parties, including the liberal party, the greens, constitution, etc.On November 4, 2008, the democratic candidate Barack Obama was elected as the 44th President of the United States, took office on January 20th, 2009, became the firstAfrican-American President in American history.Modern China's political party is produced in the late 19th century. From 1920s to 1940s, the Chinese Kuomintang and the Communist Party formed the two major political parties. There is a long time struggle between the CPC and the KMT, but during the first Sino-Japanese War and the Revolutionary War, the two parties had twice cooperation against the common enemy. In 1949, the Communist Party led the people to overthrow the KMT's authoritarian rule and established the People's Republic of China. CPC and eight democratic parties established long-term cooperation with the Chinese system of multi-party cooperation and political consultation under the leadership of the communist party. Eight democratic parties worked together and became the participating parties.JUDICIARYThe basic framework of the agency court divided into federal court and state district court, two completely independent systems. Federal court was consisted by the federal Supreme Court and federal court of appeals, the federal district court and the special court (i.e. the bankruptcy court, court of international trade and the compensation court, etc.).The Supreme Court was established by the constitution of theUnited States. The judges carry Unchangeable system, Professional system, High salary system, Retirement system. There is no unified administrative court in the United States. Besides the ordinary court, independent institutions also have the right to accept and ruling Administrative disputes. Standard mode of organization and management systems of the U.S. courts have diversity. Court has unified model is the objects of traditional court organization and management system, but there are also many problems. There are disputes about U.S. court organization and management unified model, then appeared a new ideal target modes: decentralization, consultation and emergency type.Under the PRC Constitution and the Law of Organization of the People's Courts, the judicial system is made up of the Supreme People's Court,the local people's courts,military courts and other special people's courts. The local people's courts are comprised of the basic people's courts, the intermediate people's courts and the higher people's courts. The basic people's courts are organized into civil,criminal,economic and administrative divisions. The intermediate people's courts are organized into divisions similar to those ofthe basic people's courts, and are further organized into other special divisions,such as the intellectual property division. The higher level people's courts supervise the basic and intermediate people's courts. The people's procuratorates also have the right to exercise legal supervision over the civil proceedings of people's courts of the same level and lower levels. The Supreme People's Court is the highest judicial body in the PRC. It supervises the administration of justice by all of the people's courts.Uh! Finally I finished this task. now, put all above away, I real words want to say is China is a forbidden country, and he fucked all so called LAW. Only power and money speaks. While USA is not that far beyond PRC. USA’s tomorrow is all depend on what those ten big consortium.But America people seems still have more freedom than Chinese people do, since The holocaust happened 25 years ago. And personally ,I’ve just finished my ten days home arrest by Chinese FBI. I can not see in such environment, how on erath can we help change our country, our life.Thank you for your teaching, and I’ll always remember the days we spend together in this small campus and the sentence“Are you hungry now?”Bye bye.。
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.。
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中美司法制度比较英语
篇一:从中美司法独立现状的比较看中美司法制度的差异
从中美司法独立现状的比较看中美司法制度的差异
作者:李玥
来源:《法制博览》20XX年第02期
【摘要】司法独立作为一项现代法治原则,在现代各国宪政中得到了普遍尊重和确认。
本文从中美两国司法机关的机构设置,司法机关的外部独立和内部独立三方面着手比较,以透析中美司法制度的差异,并试图从中得到推进我国司法改革和完善司法独立的新的思考。
【关键词】司法独立;中美差异;现状;思考
一、中美司法机关的机构设置比较
(一)中国司法机关的机构设置
对应我国的“乡(镇)、县(区)、市、省(自治区、直辖市)、国家”五级行政管理结构,我国的审判系统设置为四级审判机关,即在县(区)及以上同级行政区域内分别设立基层、中级、高级和最高人民法院,同时乡(镇)一级有的还由基层法院设派出人民法庭。
同级审判机关产生于同级权力机关(人民代表大会及其常委会),对同级权力机关负责并接受其领导和监督。
(二)美国司法机关的机构设置
美国的法院体系是由联邦与州两大系统构成的,两者适用各自的宪法
和法律,管辖不同的案件和地域,理论上说并无从属关系,但实际上,联邦法院的地位仍更高些。
根据美国“县(市)、州和国家”三级行政管理结构,在这两大系统中都分别设置了三级司法体制。
联邦法院系统中设置有三个等级的法院,即联邦最高法院、联邦巡回法院和联邦地区法院,并且联邦最高法院享有特殊的司法审查权;而州法院系统一般也分为三个层次,即州最高法院、州上诉法院和初审法院。
在美国,法官的任免权统一由联邦或州的最高行政首长和立法机关行使,联邦法院法官的产生须由国家最高行政首长(总统)提名,并需要经过国会的批准;而各州的各级法院法官也全部由州长提名,并由州议会批准才产生,当然也不排除个别州的初审法院法官是从律师中选举产生的。
二、中美司法机关的外部独立比较
(一)中国司法机关的外部独立
1.司法机关与权力机关的关系
我国政权的组织原则是民主集中制,其理论基础包含着两个层面:一是民选权力机关(人民代表大会及其常委会)的地位绝对高于其他国家机关,二是国家权力的集中统一性。
所以,在我国,权力机关的地位高于包括司法机关在内的其他国家机关,它们都由权力机关产生,需要对权力机关负责,并接受权力机关的领导和监督,换句话说,权力机关是可以通过决议撤销或改组包括司法机关在内的其他国家机关的。
而国家权力的集中统一性,又说明了任何种类的政治权力都来源于同一处,即司法机关所掌握的司法权究其本源也来源于权力机关
的授予。
我国各级人大对各级法院所进行的监督主要包括:同级人大任命和罢免同级法院院长、庭长和审判员,审议法院的年度工作报告,对法院制定的司法解释或其他规范性的文件进行审查,对法院的个案审理进行事前、事中和事后的监督和审查等。
人大进行监督的目的,应当是保证司法权的独立、促进司法的公正,并且监督的前提是不能干涉法院的公正审判,不能在监督过程中偏向任何一方当事人或参杂任何私人目的。
然而在实际的操作过程中,人大的监督却时常出现“越位”现象——往往法院刚受理一个案件,人大的具体处理意见和要求汇报的指示就传来了,这就使同级法院与同级人大无形中形成了一个事实上的领导和服从关系。
2.司法机关与行政机关的关系
我国《宪法》规定:“人民法院依照法律独立行使审判权,不受行政机关、社会团体和个人的干涉。
”因此,从严格意义上说,我国法院行使审判权时是独立于行政机关的。
并且,为了在必要时对行政机关的活动进行监督审查,我国还颁布了《行政诉讼法》,而所谓“行政诉讼”,就是人民法院根据相对人申请,依法(法律、行政法规和地方性法规)按司法程序处理行政争议的活动①,通常也被称为“民告官”。
《行政诉讼法》第一章总则里就规定了“为保证人民法院正确、及时审理行政案件,保护公民、法人和其他组织的合法权益,维护和监督行政机关依法行使行政职权,根据宪法制定本法。
”“公民、法人或者其他组织认为行政机关和行政机关工作人员的具体行政行为侵犯其合法权益,有权依照本法向人民法院提起诉讼。
”“人民法院依法对行
政案件独立行使审判权,不受行政机关、社会团体和个人的干涉。
”这说明了我国的司法机关是有权对行政机关具体行政行为的合法性进行司法审查的,并且不受行政机关的干涉。
然而,我国的司法机关只享有对行政机关的行政行为进行司法审查的权力,而无权对立法机关的行为,包括对违反宪法的法律法规进行司法审查。
虽然宪法明确规定了人民法院独立行使审判权不受行政机关的干预,但在实际操作中,法院却无法摆脱行政机关的影响。
一方面,各级法院的工资及办公经费都是由同级政府划拨的,法院收入的多寡取决于同级政府的给予,这就使得政府变成了司法机关的“衣食父母”。
另一方面,法院中层以下干部的进出和升降都必须经由政府人事部门的审批,有时政府的一纸文件甚至某个领导人的一句话便可能会影响到司法人员的仕途。
我国各级法院在财政与人事上的不独立,使得我国的司法活动地方化和行政化色彩日益加重。
很多时候,政府部门对司法活动进行干预主要为了保护地方经济利益和维持地方社会稳定,严重的地方保护主义现象就造成了本来是国家设置在地方的法院变成了从属于和听命于地方的法院。
同时,我国司法活动的“功利化趋向”也日益明显——由于对政府部门的严重依赖,许多法院在面对以本地区行政机关为被告的行政诉讼案件时往往是不愿或不敢受理的,就怕得罪了行政机关,即使法院受理了案件,在
篇二:从中美司法独立现状的比较看中美司法制度的差异
从中美司法独立现状的比较看中美司法制度的差异
【摘要】司法独立作为一项现代法治原则,在现代各国宪政中得到了。