1. To discuss the differences between the civil law system and the common
law system. (P4 )
There are many differences between civil law system and common law
system.
鈪?/p>
The original places are different. The civil law system originated in ancient
Rome, and the common law system originated in England.
璧锋簮鍦颁笉鍚岋紝姘戞硶璧锋簮浜庡彜缃楅┈锛屾櫘閫氭硶璧锋簮浜庤嫳鏍煎叞
鈪?/p>
The main traditional source of the common law is cases, while the main
traditional source of the civil law is legislation. Thus there are many codes in
civil law countries instead of unwritten laws in common law system.
鏅�氭硶鐨勪富瑕佷紶缁熸笂婧愭槸妗堜緥娉曪紝
姘戞硶鐨勪富瑕佷紶缁熸笂婧愭槸鎴愭枃娉曘�?/p>
鍥犳姘戞硶鍥藉
鐢ㄨ澶氭垚鏂囨硶鍏稿彇浠ｆ櫘閫氭硶鍥藉鐨勪笉鎴愭枃娉?/p>
鈪?/p>
The civil law system pays more attention to substantive law; the common
law system pays more attention to procedural rules.
姘戞硶娉曠郴鏇村鍏虫敞瀹炰綋娉曪紝鏅�氭硶鏇村叧娉ㄧ▼搴忚鍒?/p>
鈪?/p>
The classification of law is different. The civil law is separated into public
law and private law, the common law is separated into common law and
equity.
娉曠殑鍒嗙被涓嶅悓锛屾皯娉曟硶绯诲垎涓哄叕娉曞拰绉佹硶锛屾櫘閫氭硶娉曠郴鍒嗕负鏅�氭硶鍜岃 骞虫硶
鈪?/p>
The role of judges and professors is another difference. Since theory and
doctrines is important in legal education of civil law system, professor plays the
important role to expose laws to students. In the contrary, case-law is the main
source of common law, thus the judges has the discretion to make laws while
trialing cases.
娉曞畼鍜屽鑰呯殑浣滅敤涓嶅悓锛?/p>
鍥犱负鐞嗚鍜屽璇村湪姘戞硶娉曠郴涓殑閲嶈鎬э紝
瀛﹁�呭湪鏁欐巿瀛?/p>
鐢熸硶寰嬫椂鍗佸垎閲嶈銆?/p>
鐩稿弽鐨勶紝
妗堜緥娉曟槸鏅�氭硶娉曠郴鐨勪富瑕佹笂婧愶紝
鍥犳娉曞畼鍦ㄥ鐞?/p>
妗堜欢鏃舵湁閫犳硶鐨勮嚜鐢辫閲忔潈
鈪?/p>
The civil procedure: Adversary system (
瀵规姉寮忚瘔璁?/p>
)of common law system
needs the parties to show the case the jury or the judges. And the judges need
to be neutral and impartial. Inquisitorial system
锛堢籂闂紡璇夎锛?/p>
in civil law
countries give the judges the power to investigate the case during the trail and
also can ask the parties and the witnesses.
姘戜簨璇夎绋嬪簭锛?/p>
鏅�氭硶娉曠郴鐨勫鎶楀紡闇�瑕佸弻鏂规妸妗堜欢灞曠ず缁欐硶瀹樻垨闄鍥€�?/p>
娉曞畼
搴旇涓珛鍜屽叕姝ｃ�?/p>
姘戞硶娉曠郴鐨勭籂闂紡璇夎缁欎簣娉曞畼鍦ㄥ鐞嗚繃绋嬩腑璋冩煡妗堜欢鐨勬潈鍔涳紝
涔熷彲浠ヨ闂弻鏂瑰綋浜嬩汉鍜岃瘉浜恒�?/p>
2 To discuss the main features of the American court system
(P17-19)