大英法系与大陆法系区别(英文)

陆洁20090515404 09级小学教育（英语）1班

The Continental Law System and Anglo-American Law System

The Continental Law System and Anglo-American Law System are all the law systems of capitalism actually, but they are from different areas. The Continental Law System originated in ancient Rome and almost developed in the European continent, such as French and Germany and some Asia countries such as China and Japan. Then Anglo-American Law System 0riginated in the United Kingdom and almost developed in the countries that belonged to Unite Kingdom before, in other words the British colonies, and also in Hong Kong.

Besides, there is a big difference in the trial process. People can’t be convicted without the law in the Continental Law System, and every case will depend on the law. In Anglo-American Law System, people can be convicted by judge without precedent and law, and this case will be the example for the next similar cases. When they make laws they can read this case for reference. Moreover, in the Continental Law System, they need form a collegial panel and open a court session to hear a case of appeal except some little cases just need a judge, then Sole - Judge System used in Anglo-American Law System more besides in the supreme court. In Anglo-American Law System, the court needs a jury instead of senators and the judge will not investigate and ask the questions actively. Twelve men compose a jury and they are all from their citizens, and it is citizen’s duty to be a jury-man in their countries, just like you have to do military service when you are recalled. In the Continental Law System the judge is a leader, he controls the whole court, and the whole judge process will develop by the judge.

In addition, they both have in common. If the criminal is seriously ill then needs to be released on parole for medical treatment. Many rich criminals escape being punished by the law. This phenomenon recovered recently in China and what we should know is that the law is justice to everyone and we should believe the criminal will be punished finally.

There are still many leaks in the two kinds of law systems. I think we should take advantages of them and to improve them, let them protect us better.