《英语国家概况》Unit5Britishjudiciary课件.pptx-(课件无音视频)

1、A Survey of 2019-03-24英语国家概况Do You Know?Focus In1 Get ReadyConsider Does separation of power between the legislature,the judiciary and the executive,really exist in U.K.?Understand the basic principles of the British legal system Get to know some special features of the British judicial system Be fa

2、miliar with the British court system Have a general idea of the judicial proceedings in Britain Get acquainted with the legal professions in BritainFocus In Everyone is bound by the law.All persons are equal before the law.Law and order must be maintained through the officials and institutions of th

3、e state.Legal redress is provided for citizens when they feel they have experienced injustice.The law and legal processes and personnel should be independent from political interference.2.1 The principles of rule of lawWhat are the principles of the rule of law?2.2 The British legal systemWhat are t

4、he sources of law?The law of the United Kingdom consists of several independent legal systems,which use common law principles,civil law principles,or both.England and Wales as well as Northern Ireland use the common law system,while Scotland uses a hybrid system,which combines elements from the comm

5、on law and the civil law system.混合的；习惯法；民法 2.2 The sources of lawLaw in English and WelshThe three main sources of English and Welsh law are the statute law,common law and European Union law.(1)Statutes,namely,formal written laws that are passed by or Scottish Parliaments,are the ultimate source of

6、British law,which shows the influence of the state in citizens lives.(2)Common law is another major source of law,developed over the centuries through court decisions in previous legal cases,called precedents.先例，前例 It has evolved as it incorporates legal decisions made in specific cases,and it remai

7、ns the basis of British law except when superseded by legislation.(3)European Union law became part of British law when the UK entered the European Economic Community in 1973.It is confined mainly to economic and social matters.In certain circumstances,EU law takes precedence over British domestic l

8、aw such as Acts of Parliament;British courts are obliged to apply EU law in cases where the two conflict.取代；优先于；有义务2.2 The sources of lawLaw in English and WelshLaw in ScotlandThe main sources of law in Scotland are the common law of Scotland and legislation enacted by the UK or Scottish Parliament,

9、and EU law.Legislation consists of relevant Westminster Acts and Scotland Parliament Acts on devolved matters in Scotland.转移，移交，交给下属2.2 The sources of law in ScotlandLaw in Northern IrelandIn addition to UK statutes affecting Northern Ireland,the Northern Ireland Assembly has had legislative and exe

10、cutive authority for all devolved matters from 2000 and can therefore make laws in Northern Ireland.2.2 The sources of law in Northern IrelandHow does the court system function?2.3 The court systemWithin different judicial systems,England and Wales have one court system,being the principal one in th

11、e country.Scotland and Northern Ireland have their own systems,respectively.The principal court system is divided into criminal and civil courts at various levels corresponding with two kinds of legal proceedings,criminal and civil.2.3 Petty offences and serious offencesCourt system in England and W

12、alesPetty offences(called summary offences)are heard in local magistrates courts either by a panel of lay magistrates(called Justices of the Peace,or JPs)assisted by a legally trained clerk,or by a full-time,stipendiary magistrate.More serious offences(called indictable-only offences)are passed on b

13、y the magistrates courts to the Crown Court to be heard,usually by a judge and jury of citizens randomly picked from the local electoral register.轻罪；简易罪；治安，地方法官；非职业治安法官；领薪金的；必诉罪；选民名册2.3 Court system in England and WalesConvictions and sentences from the Crown Court may be taken to the Court of Appea

14、ls for the Criminal Division.The final court of appeals is the Supreme Court.Civil cases are heard in county courts before a single judge.Above the county courts is the High Court,which hears more complicated civil cases.Appeals are heard by the Court of Appeals for the Civil Division,and ultimately

15、 by the Supreme Court.Court system in England and Wales2.3 Scottish court systemCases are tried in district courts（区法院）,sheriff courts（郡法院）and the High Court of Justiciary.The High Court of Justiciary is the supreme criminal court of Scotland.The main civil courts are the sheriff courts and the Cour

16、t of Session.苏格兰高等法院最高民事法院Court system in Scotland 2.3 Court system in Northern IrelandCourt system in Northern IrelandThe legal system of Northern Ireland is in many respects similar to that of England and Wales.It has its own court system:the superior courts are the Court of Appeal,the High Court

17、and the Crown Court,which together comprise the Court of Judicature of Northern Ireland.2.4 The principles of judicial proceedingsWhat are the principles of the judicial proceedings?The United Kingdom has a long judicial history.Its legal system has been emulated throughout the world and many of its

18、 key principles and rights are part of US law.The principles derived from British law include the right to trial by jury;the right to due process of law;freedom from unlawful imprisonment,called the writ of habeas corpus;the trial system of prosecution and defence(控辩);and the presumption that a pers

19、on is innocent until proven guilty.2.4 Jury in England and WalesIn England and Wales,minor criminal cases are heard without a jury in the Magistrates Courts.Middle ranking offences may be tried by magistrates or the defendant may elect trial by jury in the Crown Court.Serious offences,however,must b

20、e tried before a jury in the Crown Court.Juries sit in a few civil cases,in particular,defamation and cases involving the state.Juries also sit in coroners courts for more contentious inquests.诽谤，中伤；死因调查法庭；有争议的Jury in England and WalesAll juries consist of 12 people between 1870 years of age,selecte

21、d at random from the register of voters.In the past a unanimous verdict was required.This has been changed so that,if the jury fails to agree after a given period,at the discretion of the judge they may reach a verdict by a 102 majority.全体一致的；裁决；慎重，考虑周到Jury in England and Wales2.4 Jury in England an

22、d Wales1.Lawyers2.5 The legal profession in BrtainThe legal profession in Britain is mainly divided into two types of lawyers:solicitors and barristers.Solicitors perform the everyday work of the law,particularly legal matters that can be handled solely with paperwork.Barristers,also called advocate

23、s in Scotland,are lawyers who have right to plead cases in court.They belong to the Bar,an ancient legal institution controlled by the self-regulating Bar Council and four Inns of Courts in London.诉状律师；出庭律师；辩护，陈述案情；律师界2.5 The legal profession in BrtainThey have two functions:to give specialised lega

24、l advice and to act as advocates in the courts.When the general public need to go to court,they must approach a barrister through a solicitor.To become a barrister,one has to have a university degree,pass professional examinations,and become a member of an Inn of Court.1.LawyersBarristers2.5 The leg

25、al profession in Brtain2.JudgesThe judges constitute an independent branch of the legal system.There are relatively small numbers of judges at various levels of seniority,who are chosen from the ranks of senior barristers and today,solicitors as well.Since 2009,the President of the Supreme Court of

26、the United Kingdom is the head of the judicial branch.Judges of the Supreme Court1.Crime and punishment 2.6 How to enforce law and orderThe UK has one of the largest prison populations in Western Europe with 105,000 prisoners in 2001.Debate about punishment as opposed to the rehabilitation of offend

27、ers continues.The death penalty by hanging for murder was abolished in 1965 and the House of Commons has since voted on several occasions against its re-imposition.But the public seem to support harsh treatment of criminal offenders.复职；罪犯2.6 The police forceThe United Kingdom has no national police

28、force or any minister exclusively responsible for the police.The Home Secretary,the Secretary of State for Northern Ireland and the Scottish Executive are responsible for the organisation,administration and operation of the police service.They have overall responsibility for the police force.The“dir

29、ection and control”of each regional force falls to the chief constables(首席警官）,with police authorities overseeing their work.2.The policeThere are 52 police authorities in the UK,which undertake law enforcement in local or regional areas,including 43 in England and Wales and 8 in Scotland.Policing in London is carried out by the Metropolitan Police(its headquarters being known as the Scotland Yard);in Northern Ireland by the Police Service of Northern Ireland.首都警务处；苏格兰场2.The police2.6 The police force