High score reward for the difference between Chinese law and American law assignments

At present, the biggest flaw of China's rule of law, I personally believe that the law is still in the natural stage in many cases, that is, many times it only stays on paper, and does not really penetrate into the hearts of the people, and the people do not regard the law as the highest standard of their own behavior, and do not have a deep sense of identity with the law (let alone as a belief).This is mainly due to the fact that traditional cultural factors and the development of the rule of law are external reasons.

Compared with the developed countries in the West, the development of the rule of law in the developed countries in the West is a spontaneous development process from the inside out, a gradual and moderate development, and a bottom-up development process, so the people's understanding and recognition of the law is very different from ours. Our country, on the other hand, does not have the time and resources to follow their old path, so we can only adopt a top-down development approach, a transplanted rule of law development approach, which has the advantage that it is easy to establish a legal system and it takes a long time to gain cultural recognition. I think that's the biggest drawback.

The interesting difference between Chinese and foreign laws is that the basic principles of the laws of most countries are the same, so the differences are often based on the differences in some specific provisions according to their respective historical and cultural reasons, and I don't know much about those interesting things about cultural differences, after all, I haven't studied foreign laws much.

Whether it is actually implemented.

Legal Analysis: Differences:

1) The United States has two sets of laws in parallel, federal law and state law. Each state has different laws, and some states have conflicting laws. However, there is only one set of laws in our country, that is, the laws enacted by the people's congress.

2) The U.S. law is very detailed, but the law may not be the same in each state, and if the prison sentence is more than 20 years, it can be accumulated, and the sentence can be 200 years. Chinese law is very coarse, and in many cases, the judge's judgment can change the outcome. The death penalty consists only of shooting and lethal injection.

3) China belongs to the civil law system and is a statutory law; The United States belongs to the common law system and is case law.

Legal basis: Article 5 of the Constitution of the People's Republic of China The People's Republic of China implements the rule of law and builds a socialist country under the rule of law.

The state upholds the unity and dignity of the socialist legal system.

All laws, administrative regulations, and local regulations must not contradict the Constitution.

All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.

No organization or individual may have privileges that go beyond the Constitution and laws.

There is a big difference between the laws of the United States and China, but it cannot be said in general terms that the United States is a common law system (also called a common law system, a case law system, etc.), and China belongs to a civil law system (also called a statutory law system, etc.), because it can be said that the United States belongs to the common law system, but it is unfair to say that China is a civil law country, especially China's legal system belongs to a socialist legal system with Chinese characteristics, which is self-contained and cannot be simply classified into a certain legal system. For example, China's contract law adopts the common law system in the process of concluding a contract, but it is slightly different in judging the formation of a contract, and it also has its own characteristics in the specific provisions of offer and acceptance, and there is no construction of a consideration system. Specifically, the United States and China are different in terms of specific legal systems, legal systems, legal education, and judicial systems.

Something like proof is also called burden in English

According to the provisions of our Civil Procedure Law, under normal circumstances, it is "who asserts, who presents evidence", that is, what you want to assert, what you need to prove, and at the same time, in some cases, there will be a reversal of the burden of proof, that is, let the defendant prove that he is not at fault, especially under the presumed fault responsibility system.

The three-party evidence is not like a third-party evidence according to the literal understanding, please check again whether it is indeed a third-party evidence.

Differences: 1) The United States has two sets of laws in parallel, federal law and state law. Each state has different laws, and some states have conflicting laws. However, there is only one set of laws in our country, that is, the laws enacted by the people's congress.

2) The remorse clause in the U.S. law is very detailed, but the law may not be the same in each state, and if the prison sentence is more than 20 years, it can be accumulated, and the sentence can be 200 years. However, the Chinese law is very coarse, and in many cases, the judge's judgment or judgment can change the outcome. The death penalty consists only of shooting and lethal injection.

3) China is a civil law system.

is a written law; The United States belongs to the common law system.

It's case law. Pros and cons:

The enforcement of laws in the United States is somewhat stricter than in China.

There are a lot of differences, but what do you mean?

Each state of the United States has different laws, and some states have abolished the death penalty. In our country, the types of punishment include the death penalty, but the death penalty is only applicable to criminals who have committed extremely serious crimes. If the offender does not have to carry out the death penalty immediately, he may be sentenced to a suspended death sentence.

Criminal Law of the People's Republic of China

Article 48.

The death penalty is only applied to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if it is not necessary to immediately carry out the vibratory dissipation, the death penalty may be given and a two-year suspension may be announced.

Except where the death penalty is adjudicated by the Supreme People's Court in accordance with law, it shall be reported to the Supreme People's Court for examination and approval. Where the death penalty is suspended, the High People's Court may make a judgment or approve it.