中美司法制度的不同(英文版).ppt

,What? Whats the difference between the American judicial system and the Chinese one ?,Whats the difference between the American judicial system and the Chinese one?,DIFFERENCE,Between the lawyers,Between the disposing of testimony,Between the jury system,Between the judge system,Between the interview with witness,Difference between the lawyers,The difference between types,The difference between rights,The difference between professional requirements,Types,Lawyer in law office,America,Public lawyer,Private lawyer,America,Public lawyer,China,Professional lawyer,Part-time lawyer,Rights,America lawyers have an irreplaceable effect. No one but only lawyers with local license have the right of advocacy and appeal,China Citizens can have the right of advocacy without charging any agency fee.,Professional Requirements,America every states have its own law no unified lawyers qualification test. Different states have different requirement,China Unified lawyers qualification test,Difference between the disposing of testimony,In the America The steps of disposing testimony,Collecting,Expositing,Affirming,Lawyers,Jury,In China ,the procedure of collecting is called “Testimony Acceptance” Evidences are provided mandatorily with certain conditions The way evidences is collected is passive Lawyers may seize some responsibility from the judge,The differences of Jury System,NO1. connotation NO2. the qualification of the jurors NO3. Scope of application NO4. Jury selection NO5. the term of office of the jurors,The differences of Jury System,America: 是指特定人数的有选举权的公民参与决定是否起诉嫌犯、并对案件作出判决的制度。,China: 是中国的一项基本诉讼制度，是指国家审判机关吸收普通公民参与刑事、民事、行政案件审判的制度。,NO1. connotation,The differences of Jury System,America: 从理论上讲，每个美国成年公民都有担任陪审员的资格。 但是不满21岁、不在本土居住、不通晓英语及听力有缺陷的人、有犯罪前科者，没有资格充当陪审团成员。,China: 中国公民；拥护宪法；满23周岁；品行良好、公道正派；身体健康；一般应具有大学专科以上文化程度。 人民代表大会常务委员会的组成人员，人民法院、人民检察院、公安机关、国家安全机关、司法行政机关的工作人员和执业律师等人员，以及因犯罪受过刑事处罚的人员和被开除公职的人员，不得担任人民陪审员。,NO2. the qualification of the jurors,The differences of Jury System,America: is a constitutional system applies to the trial and the prosecution,China: is a litigation system only applies to the trial, not including the prosecution,NO3. Scope of application,The differences of Jury System,NO4. Jury selection,America： 经过以下程序 1 、法官从当地选民中随机挑选一定数量的人，写信询问是否可担任本案陪审员。 2 、问卷方式审查是否具备本案陪审员的资格。 3 、通过“二选”的人在指定时间接受“庭选法官对候选人提问之后要做出决定。,China： 通过一定程序的考核并经过权力机关的任命赋予陪审员以权力。 选任的人民陪审员要经过一定的法律专业知识培训。 在具体个案的审理时由法院从适格的陪审员名单中随机抽取确定。,The differences of Jury System,NO5. the term of office of the jurors,America: Usually ,theyre “temporary workers” and are only involved in one case Have no wage,China: The term of office is 5 years Wage :6001000 per month,The differences between American judge system and chinese judge system,The differences,Judges selection system,Judges security system,Judges disciplinary system,Judges selection system,America,China,U.S. citizens graduate from one American university law school and acquire a JD degree worked as a lawyer for a number of years.,at least 23 years old; owns a legal professional bachelors degree or above or non-legal professional bachelors degree but have legal professional knowledge, have one to three years legal practice pass the National Judicial Examination,In the America it will live through long and hard periods to become a notable judge. It not only requires high level legal knowledge but long times legal practice, at least 3-5 years, the judges in American are generally more mature and reasonable than that in our country.,Judges security system,LOGO,China,America,lifelong tenure set up high salary system the judges behavior and address in the process to perform their judicial function are free from accusation,not regulate the term of office of judges and also didnt list the reasons for removal definitely judges material treatment generally applied to the same standard with the ordinary staff,Judges disciplinary system,LOGO,China,America,made a special law it have the right to warn or stop the work of the justice, but have no right to deprive the judge qualification.,if the violation constitutes a crime, the judge should undertake criminal responsibility. The sanctions contain: warning, demerit, serious demerit, demotion, removal from office at the same time, lower wages and grades.,5. The witness,证人出庭制度,America: force the witness to testify in court.,China: Under volitional control whether to appear in court as a witness. Non-mandatory.,如果证人拒不出庭作证，对拒绝作证的证人可以逮捕，必要时可以处以藐视法庭罪。,The qualification of witness,America: no clear concept Anyone who can provide information relevant to the case in a litigation(诉讼)is called witness Including the litigant(当事人）and expert witness(专家证人）,China: The third person except the subject of l