大师作文网急求英语作文大陆法系与英美法系的比较500单词今天下午前要解决的话我全部分都贡献
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急求英语作文
大陆法系与英美法系的比较
500单词
今天下午前要
解决的话我全部分都贡献
大陆法系与英美法系的比较
500单词
今天下午前要
解决的话我全部分都贡献
大陆法系和英美法系的比较
It is commonly believed that there are several classifications of legal system,according to various standards and criterions,among which historical traditions and law modalities could well be deemed as one universal practice.As is much accepted,there could be 2 prominent legal systems in the world of capitalism.One is Civil law system,and the other is Anglo-American law system.More details would come as follows:Civil law system (also named as Continental law system,Roman law system,or Codification law system).It started with the Rome lex,but its solid foundation is French or Gallo Civil Code.It is no doubt that French law and German law should be its two profound feature lex.--------Based on Civil Law and codification oriented Anglo-American law system (Also called as common law system or British law system) It started with the Norman Conquest (11-14 century),with the common law as its sole and most important foundation.America and Great Britain are the two outstanding leges.-------Great emphasis is put on the Case law,not the statutory law.
The fast development of society has witnessed great progress in law,much more mature and stable .Different legal systems have come to understand each other,and learn from others.But their inner distinctions should never be neglected.Herein is the general comparison between Civil law system and Anglo-American law system:1.Different sources of law .The former tends to give authority to Constitutional Law and other statutory ones ,though it respect the important role cases play,never would it credits cases to be one source of law.While the latter thinks the other way,both cases and statutory laws as well are treated as sources of law,which delivers the massage-----Judges could make law rules .2.Different inner structure or classification The former tend to put its law into Public law (Constitutional Law,Administrative Law,Criminal Law ,and Procedure Law) and Private one( Civil Law ,and Commercial Law) ,but the latter makes no such categories,and it comprises the common law as the staple and equity law as a supplement for inadequate remedy.3.Different compilation methods The former has a special favor for codex,easily put,the codification .While the latter takes to singular rules.That is to say,the compilation of the former is much strict,compared with the flexibility enjoyed by the latter.4.Different legal procedures and formulae The formal adopts the inquisitional proceedings ,with the judge be the anchor .The latter choose the adversary system ,the judges and jury plays the role of impartial fact-finders.5.Difference in legal terminology and concepts For example ,the civil law system rules that the common law should be the whole set of laws except the Constitutional Law ; while the latter thinks the common law is equal to case laws ,with some trivial distinctions ( the interpretation made by judges).All in all ,their difference is narrowing down ,but it is absolutely impossible for the two to achieve absolute accord .
It is commonly believed that there are several classifications of legal system,according to various standards and criterions,among which historical traditions and law modalities could well be deemed as one universal practice.As is much accepted,there could be 2 prominent legal systems in the world of capitalism.One is Civil law system,and the other is Anglo-American law system.More details would come as follows:Civil law system (also named as Continental law system,Roman law system,or Codification law system).It started with the Rome lex,but its solid foundation is French or Gallo Civil Code.It is no doubt that French law and German law should be its two profound feature lex.--------Based on Civil Law and codification oriented Anglo-American law system (Also called as common law system or British law system) It started with the Norman Conquest (11-14 century),with the common law as its sole and most important foundation.America and Great Britain are the two outstanding leges.-------Great emphasis is put on the Case law,not the statutory law.
The fast development of society has witnessed great progress in law,much more mature and stable .Different legal systems have come to understand each other,and learn from others.But their inner distinctions should never be neglected.Herein is the general comparison between Civil law system and Anglo-American law system:1.Different sources of law .The former tends to give authority to Constitutional Law and other statutory ones ,though it respect the important role cases play,never would it credits cases to be one source of law.While the latter thinks the other way,both cases and statutory laws as well are treated as sources of law,which delivers the massage-----Judges could make law rules .2.Different inner structure or classification The former tend to put its law into Public law (Constitutional Law,Administrative Law,Criminal Law ,and Procedure Law) and Private one( Civil Law ,and Commercial Law) ,but the latter makes no such categories,and it comprises the common law as the staple and equity law as a supplement for inadequate remedy.3.Different compilation methods The former has a special favor for codex,easily put,the codification .While the latter takes to singular rules.That is to say,the compilation of the former is much strict,compared with the flexibility enjoyed by the latter.4.Different legal procedures and formulae The formal adopts the inquisitional proceedings ,with the judge be the anchor .The latter choose the adversary system ,the judges and jury plays the role of impartial fact-finders.5.Difference in legal terminology and concepts For example ,the civil law system rules that the common law should be the whole set of laws except the Constitutional Law ; while the latter thinks the common law is equal to case laws ,with some trivial distinctions ( the interpretation made by judges).All in all ,their difference is narrowing down ,but it is absolutely impossible for the two to achieve absolute accord .