Is there any information on Common Law Trial Proceedings ? 20

The common law system reveres case law, "judges make the law". In the United Kingdom and the United States, if a case arises, it is decided by reference to previous precedents, and in addition to this, judges can also consider using statutory law to decide. The judgment rendered by a judge has the same compulsory application effect as national law, and may be used as the standard and basis for adjudicating cases in the same way as national law.

Unlike civil law judges, who actively participate in the "inquisitor" role of case pursuit, common law judges play a passive and neutral role and do not participate in debates. (It's a bit like the moderator, the lower part is in charge of the defense, the jury is in charge of the jury deliberations, the judge presides over the order, and finally the verdict is read). However, in terms of legal sources, judicial systems, and the judicial authority of judges or courts, the common law system surpasses the civil law system.

In the common law system, Anglo-American is a bit different. If the judge finds that the result of the jury is unacceptable and unlawful, the judge usually decides on his own in the UK, while in the US the jury is usually respected. (Although in many states judges have the right to ignore the jury results.) )

There is no jury involved.

Many of the characteristics of proceedings in common law systems are in fact caused by the decisive fact that the proceedings are superior to jury. It is now generally accepted that jury is only used in criminal cases in the UK, and only when a serious crime is committed and the defendant claims his "innocence".

In civil law systems, litigation can be divided into multiple hearings at intervals. Thus, the other party may have ample time to present further evidence to refute the unexpected arguments or evidence presented by one party in court at the next court hearing. In the common law system, however, it is very different, because it is a one-off trial, and in order to prevent the same thing from happening, the lawyer must not only think clearly about his own arguments and evidence, but also understand the arguments and evidence of the other party.

The difference between the civil law system, which mainly inherited Roman law, and the common law system, which did not inherit Roman law, is enormous. For example, civil law is mainly statutory law, while common law is case law, etc. The comparison of the proceedings selected in this article is only one difference between civil law and common law systems in terms of specific judicial systems.

It is very meaningful to study the differences between different legal systems, which can enable us to learn from each other's strengths and complement each other's weaknesses and absorb the good systems of other legal systems to improve our own legal system, which will have an extremely far-reaching impact.

At present, the building of China's socialist legal system is in full swing, and it is of practical significance to enrich and improve China's legal system while basing itself on the written law of the civil law system, and appropriately drawing on the case law systems of common law countries to enrich and improve China's legal system. In the course of the operation of the socialist market economy, we will inevitably encounter all kinds of new situations and new problems, and all of this requires us to take a broad view of the whole world and boldly absorb and draw on the essence of foreign legal systems.