当代英国社会跟文化.ppt

,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,*,Chapter 9,Basic principles of English law?Whats the idea behind natural law and natural justice?p217,Common Law,Statute Law&Case law?p218,Precedence?p218,Structure of the courts p219,Magistrates,jurors.Professional training?p220,Death penalty abolished?P222 Sentencing,Problems in the British legal system?p225,Whats the significant difference between barristers and solicitors?How important is the difference?P,223,-225,Presentation,:the jury system in Britain and the people jury system in China,Terms,:cross-section,Inns of Court,law society,Nuremberg War Crimes Trials p234-235,Basic principles of English law,The 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.,Natural law,自然法,An immoral rule can never be made into a real law simply by being passed through a national legislature.,Natural justice,自然正义,Moral perspective,www.chinacourt.org/article/detail/2007/04/id/245507.shtml,Basics,Common law,习惯法,the Common Laws,Statute law,成文法,Case law,判例法,Equity,衡平法,Criminal law,Civil law,Community law,共同,(,体,),法,the European Court of Human Rights p218,Precedence,precedent,先例,判例,certainty,p218,Who is responsible for law-making?p218,Are judges supposed to make law?p218,Death penalty abolished?p222,Magistrates,juries,professional training?p220,English judges,The Supremacy of Parliament,Parliament can pass,repeal and alter any of Britain,s laws.This is one of the major powers that a government has.,In 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.,But decisions of the European Court must be accepted in the UK.,Two branches of law,Civil law,-,defines and enforces the duties or obligations of persons to one another.,Criminal law-,by contrast,defines and enforces the obligations of persons to society as a whole.,The legal system in England and Wales,p219,Magistrates,courts,治安,(,官,),法庭,Summary offence,即决犯罪,Committal,提付审议,Tribunals (,审理特定案件之,),特别法庭,County courts,郡法院,Crown courts,刑事法庭,High court,高等法院,Queen,s Bench Division,王座法庭,Chancery 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 cases,Legislature and judiciary p317,Lawyers in two branches:Barristers and solicitors,p223-225,Barrister,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,Solicitor,a,consultant,lawyer,who has a more general knowledge of law and deals 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,Responsibilities,The major difference,Numbers,Training and work,solicitor brief clerk barrister(objectivity),THANK YOU,SUCCESS,2025/8/22 周五,9,可编辑,Inside the court,p220-222,Nobody is above the law.,-Independence of the judiciary,-Appointment of judges,-the use of professionals and lay people,-The twelve person jury system,Judges,basic principles of judicial independence,appointment,experience,non-political?discrimination,Lay people,Magistrates,Who are they?,Responsibilities,Is there a jury in a magistrate,s court?,The jury,Number,Who,Responsibilities,Problems which might arise?,Potential or Possible Disadvantages of the Jury System,Jurors may have a lot of difficulty following arguments and/or evidence in a complex case.,Evidence shows that gender or race discrimination and prejudice still exist among some jurors.,Juries are likely to be influenced by one dominant personality among their members and also,by the impression they pick up from the judge,s summing-up,rather than solely from the facts presented to them during the hearing.,Jurors are more easily swayed by emotional witnesses,accounts or barristers,appeals,and sometimes do not pay as much regard to facts or documentary evidence as expected.,Potential or Possible Disadvantages of Lay Magistrates,The 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 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,race.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,Court,Problems in the English Legal System,outdated practice,system elitist,weak points of jury system,advantages and disadvantages of the jury system,lay magistrates,See p225,A comparison with China,China,The law-making body:,the Standing Committee of the National People,s Congress,Structure:,simple,direct,(local,intermediate,high court),Qualification and practice of lawyers:,A national exam,practice,responsibilities:classified,specialized,Assignment of judges:,graduates from college,Judicial(,审判的,)system:,questioning,(,纠问式,)-activeness of the judges,The people jury system:,Britain,The law-making body:,the Parliament,Structure:,more complex(long tradition),Qualification and practice of lawyers:,barristers and solicitors,Assignment of judges,(political involvement?):in the hierarchy,and other courts p155,Judicial system:,person concerned,(,当事人主义,)-passivity of the judges,The jury system:,Preview:Chapter 10,Why is the chapter entitled,“,Beliefs,”,instead of,“,Religions,”,?P239,p250(the quotation),The Christian religion in Britain,p240-242,Exercise 1,Section B p249),with reference to Confucianism.,Discussion:,The Ten Commandments and their significance p247-248,When was the church of England established?p251,Differences between the Catholic and Anglican churches,?,P240-241,The functions of a local church?,P251-252,The Church of England,:,p251-252,A hymn p253-254,THANK YOU,SUCCESS,2025/8/22 周五,18,可编辑,