当代英国社会与文化 9

1、Chapter 9nBasic principles of English law? Whats the idea behind natural law and natural justice? p217nCommon Law, Statute Law & Case law? p218nPrecedence? p218nStructure of the courts p219nMagistrates, jurors. Professional training? p220nDeath penalty abolished? P222 SentencingnProblems in the

2、British legal system? p225nWhats the significant difference between barristers and solicitors? How important is the difference? P223-225nPresentation: the jury system in Britain and the people jury system in ChinanTerms: cross-section, Inns of Court, law society, Nuremberg War Crimes Trials p234-235

3、Basic principles of English lawnThe rule of law 法律原则-Everybody is subject to the law.-Laws must not be arbitrary.-There is only one body of law. convention-The rights of the individual are to be respected.nNatural law 自然法-An immoral rule can never be made into a real law simply by being passed throu

4、gh a national legislature. nNatural justice 自然正义nMoral perspective n/article/detail/2007/04/id/245507.shtmlBasicsnCommon law 习惯法 the Common LawsnStatute law 成文法nCase law 判例法nEquity 衡平法nCriminal law nCivil lawnCommunity law 共同(体)法nthe European Court of Human Rights p218nPreced

5、ence, precedent 先例, 判例 certainty p218nWho is responsible for law-making? p218nAre judges supposed to make law? p218nDeath penalty abolished? p222n Magistrates, juries professional training? p220English judges The Supremacy of ParliamentnParliament can pass, repeal and alter any of Britains laws. Thi

6、s is one of the major powers that a government has .nIn theory there is no body that can declare a law passed by Parliament as unconstitutional - though the full impact of the European Court is not yet known.nBut decisions of the European Court must be accepted in the UK. Two branches of lawnCivil l

7、aw - defines and enforces the duties or obligations of persons to one another.nCriminal law - by contrast, defines and enforces the obligations of persons to society as a whole.The legal system in England and Wales p219nMagistrates courts 治安(官)法庭nSummary offence 即决犯罪nCommittal 提付审议nTribunals (审理特定案件

8、之)特别法庭nCounty courts 郡法院nCrown courts 刑事法庭nHigh court 高等法院nQueens Bench Division 王座法庭nChancery Division 大法官的法庭 dealing with equity (衡平法): the principle of justice which may be used to correct a law, when that law would cause hardship in special casesnLegislature and judiciary p317Lawyers in two bran

9、ches: Barristers and solicitors p223-225nBarrister, a trial lawyer, whose principle work lies in advertising solicitors about particular branches of law and in the oral presentation of cases in court (英有资格在任何法庭作辩护的)出庭律师nSolicitor, a consultant lawyer, who has a more general knowledge of law and deal

10、s directly with the client and instructs the barrister (英承办案件起诉,辩护及其他法律事务的)初级律师, 诉状律师 nResponsibilitiesnThe major differencenNumbersnTraining and worknsolicitor brief clerk barrister (objectivity)Inside the court p220-222nNobody is above the law. -Independence of the judiciary -Appointment of judges

11、 -the use of professionals and lay people -The twelve person jury systemnJudges basic principles of judicial independence appointment, experience, non-political? discriminationnLay peoplenMagistrates-Who are they?-Responsibilities-Is there a jury in a magistrates court?The jurynNumbernWhonResponsibi

12、litiesnProblems which might arise?Potential or Possible Disadvantages of the Jury SystemnJurors may have a lot of difficulty following arguments and/or evidence in a complex case.nEvidence shows that gender or race discrimination and prejudice still exist among some jurors.nJuries are likely to be i

13、nfluenced by one dominant personality among their members and also , by the impression they pick up from the judges summing-up, rather than solely from the facts presented to them during the hearing.nJurors are more easily swayed by emotional witnesses accounts or barristers appeals, and sometimes d

14、o not pay as much regard to facts or documentary evidence as expected.Potential or Possible Disadvantages of Lay MagistratesnThe system of Lay Magistrates ensures that critical decisions affecting personal liberty, reputation and rights are taken by ordinary individuals. So there is an analogy with

15、trial by jury in the Crown Court, except that there a Judge rules on the law, whilst the jury decides the facts of the case. Magistrates do both of these things. As for potential or possible advantages and disadvantages of Lay Magistrates, some of the same things as above will apply e.g. gender, rac

16、e. In addition, an extra advantage of the system is that magistrates handle the bulk of criminal cases (95%) preventing the higher courts from becoming overloaded with cases. In a Magistrates CourtProblems in the English Legal Systemnoutdated practicensystem elitistnweak points of jury systemnadvant

17、ages and disadvantages of the jury systemnlay magistratesnSee p225A comparison with ChinanChinanThe law-making body: the Standing Committee of the National Peoples CongressnStructure: simple, direct (local, intermediate, high court)nQualification and practice of lawyers: A national exam, practice, r

18、esponsibilities: classified, specializednAssignment of judges: graduates from college nJudicial(审判的审判的)system: questioning (纠问式)-activeness of the judgesnThe people jury system:nBritainnThe law-making body: the ParliamentnStructure: more complex (long tradition)nQualification and practice of lawyers: barristers and solicitors nAssignment of judges (political involvement?):