英国essay论文精选范文:“英国司法体制研究”,这篇论文讨论了英国的司法体制。英国没有全国统一的司法机构,尽管它是一个统一的中央集权的国家,但英国分为英格兰、威尔士、苏格兰和北爱尔兰四个地区,其中后两个地区的司法体制与英格兰不同,司法行政事务在英格兰和威尔士由法务大臣和内政大臣行使,设有法务大臣办公室和内政部,这也是英国司法制度的一大特点。
There is no specialized Ministry of Justice in the UK, and the administration of justice is exercised in England and Wales by the Minister of Justice and the Minister of the Interior, with the Office of the Minister of Justice and the Ministry of the Interior.
In the United Kingdom, the Minister of Justice is the President of the Supreme Court, the Speaker of the House of Lords, the Cabinet is the head of the national judicial department, with judicial, legislative and administrative duties. The main functions of the Office of the Minister of Justice are: to administer the national court system; to develop and supervise the implementation of the judicial aspects of the policy and industry standards; to Parliament to amend the views of the law; management of the national judicial staff, including employment, training, research and wages Etc.; responsible for the operation of the national judiciary to provide financial material security.
The functions of the Ministry of the Interior in the administration of justice are primarily reflected in the administration of law and order, with overall responsibility for the criminal justice system and by the police, prisons and other disciplinary authorities. There are a variety of agencies, including the Fire and Police Division, the Criminal, Probation and Placement Division, the Radio, Community Programs, Equal Opportunities, Immigration and Nationality Division, Prison Division, Establishment Division and Finance and Integration Division.
Britain's modern lawyer system is in the 19th century judicial reform after final shape. At present, all lawyer law has been combined by the Lawyers Act of 1974, which is based on legal and other legal provisions relating to lawyers from 1957 to 1974. The law provides for the qualification of lawyers, the rights and obligations of lawyers, and the management of lawyers.
The most prominent characteristic of the English lawyer system is that the professional lawyers are divided into two types according to the mode of practice and the scope of their work. A lawyer in a certain sense is the bond between the defense lawyer and the client. Barrister is a lawyer specializing in the defense of the High Court. The barristers and solicitors are required to have different qualifications. The rights of British lawyers can be divided into rights based on the interests of the parties and the rights arising from the status of lawyers.
The trade body for the UK Solicitors is the Law Society, headed by the President of the Court of Appeal. Solicitors voluntarily participate in the association. The Four Bar Associations and the Bar Association act as new central authorities, exercising a variety of management functions for the barrister.
In the United Kingdom there is no uniform notarization law, the notary law is now applied mainly 1801,1833, 1843, the British Parliament passed the three notaries of the decree, according to the scope of adjustment were applied to different notaries.
According to the provisions of the three notarial regulations, notarial business mainly includes: drafting, proof or identification including movable and immovable property and other documents relating to the transfer of movable and immovable property located in other countries, the power of agents; notice or Proof of transactions in negotiable securities; assistance in the preparation of wills or other documents; and drafting of proof of shipwreck or cargo insolation in the course of navigation. Article 11 of the Civil Evidence Act provides that "a document certified by a court, notarization, etc., shall be deemed to be a true copy of the document or part of the document, unless there is evidence to the contrary."
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There are currently five types of notaries in the United Kingdom: general notaries, district notaries, church notaries, notaries public in Wales, and notaries in the UK overseas. In the United Kingdom, it is unlawful for a person not authorized by a notary public to carry out notarial activities in the name of himself or of another person for the purpose of making a profit, collecting fees, collecting remuneration, etc. If the notary public is in bad faith, the principal of the diocese may remove the notary.
Britain's prison structure, the system is relatively sound. The Ministry of the Interior is responsible for the administration of prisons throughout the country. Its functions in the administration of prison administration include: the administration of State prisons and prisons in the cantons; the implementation of prison policies; the establishment of prisons and the adjustment of prisons in accordance with the mandate of parliament; And post-release supervision of the offender and other functions of the prison administration not dealt with by the Minister of Justice.
In the United Kingdom, prisoners are assessed at the A, B, C and D levels on the basis of their offenses, criminal experience, risk and escape potential, escape ability and performance. Corresponding, the British prison management is detained by the nature of the detainees are divided into A, B, C, D four types.
The cost of administering prisons and inmates in the United Kingdom and other costs under the Prisons Ordinance are allocated by the Parliament and the Ministry of Finance primarily to cover the costs of prison staff, prisoners' living facilities, prison facilities, infrastructure, prison inmates and Production and investment costs. The costs of prisoners include all necessary expenses for the dietary, clothing, supervision and transfer of prisoners from the time they are admitted to the time of their death or release. The prisoner did not have the obligation to pay the cost of being sent to prison.
British mediation system in the 1980s, but after 20 years of development, has developed into a more standardized mediation system. Britain called its dispute mediation system ADR, that is, alternative dispute resolution measures. As the system to deal with disputes fast, low cost, convenience and respect for the rights of the parties to the dispute, which is quite popular in the British public.
The mediation activities in the UK are civil mediation, which determines the non-governmental nature of the mediation organization, the non-judicial nature of the mediation effect and the non-governmental nature of the mediation activities. The British government actively advocated through the ADR to resolve civil disputes, and take a series of measures to encourage the development of ADR system. The New Family Code, promulgated in 1996, stipulates that parties must be consulted in divorce proceedings. This provision means that a considerable part of the marriage dispute through the mediation system to solve. In the UK mediation system, there are three more important mediation organizations. Family Dispute Mediation Organization, British Mediation Center and Dispute Mediation Center.
Britain is the first country in the world to establish a legal aid system, the United Kingdom legal aid mainly in civil legal aid and criminal legal aid in two forms. Criminal legal aid refers to the legal counsel and criminal defense provided by lawyers who use state legal aid funds to provide criminal defendants for trial in the Magistrates' Courts and the Criminal Courts.
The United Kingdom has established a dedicated Legal Services Commission to manage legal aid matters. In the United Kingdom, legal aid as the state must bear the responsibility and obligation, its funds mainly from government funding. After the adoption of the Law on Access to Justice, civil legal aid and criminal legal aid were replaced by two new programs, namely community legal services and criminal defense services.
The most significant impact of the Access to Justice Act on the UK legal aid system is the introduction of a new contract system into the UK legal aid system. With the introduction of the contract system, there have been some changes in the legal aid bodies in the UK. Only those law firms and other legal service agencies that have obtained the contract through the quality of legal service committees can provide relevant legal aid services. In the area of civil legal aid, many non-profit organizations, apart from their former solicitors, can also undertake this work if they are required to meet the uniform quality standards established by the Legal Services Commission and obtain the contract of the Legal Services Commission. In the area of criminal legal aid, the Legal Services Commission has contracted with all quality-seeking law firms, but does not rely solely on law firms to do the work.
Britain's high-level legal talent can be divided into two types of application and academic. Application categories include judges, lawyers and notaries, academic talents are mainly composed of university teachers. Whether it is applied or academic class of legal personnel, must be a systematic legal education. UK law school students mainly from the new high school graduates, but also to recruit a part of the law has been made undergraduate bachelor's degree. British law education is divided into three stages. The first stage is to focus on learning the basic theory of law. The second stage of study focuses on vocational training. The third stage is in the law firm practice, mainly familiar with the lawyer business and legal documents.
In order to monitor the quality of education in higher education institutions, including the Law Courts, the Department of Education and Employment has set up a quality assessment committee, which is composed of university specialists, professional lawyers and educational administrators. Funds allocated by higher education institutions are mainly funded by the National Higher Education Fund Management Committee. In the United Kingdom, national and public university law schools do not charge tuition fees. Students with low family incomes can receive government subsidies, and low-income families can also be financed by obtaining loans.
In the United Kingdom, although there is no unified function of the government departments responsible for the national legal publicity, but the British government attaches great importance to the work of the legal system, the government funding is the legal system of the main source of economic propaganda, and funding for investment is increasing year by year.
The most prominent feature of British legal propaganda is that it has a wide range of societies, the social sectors in this activity are playing an active role. At the central level, the legislative propaganda function of the upper and lower chambers and the office of the Minister of Justice is mainly through the openness of legislation. The propaganda work of the legal system runs through all stages of the enactment and implementation of laws. After the draft law is submitted, it will be published in the community at the same time, to seek the views of the community on the draft. The process itself is education for citizens.
In addition, government and non-governmental organizations also bear the legal publicity task. The Citizens Advice Bureau acts as a government-supported department to disseminate legal knowledge primarily through the conduct of advisory business. In the non-governmental sector, legal action groups, legal associations and their national branches are also important sources of legal knowledge to citizens.
The judicial accreditation body in the UK is completely independent and is not located in the courts and the procuratorial system. In the United Kingdom general police station although 1-2 is responsible for the scene of the collection of identification management personnel, but the police do not set accreditation laboratory.
There are two national forensic service providers and a number of other small-scale accreditation bodies in the UK. Two state-level forensic service agencies are the Identification Science Service Bureau and the Identification Alliance. Identification Science Service Bureau was originally under the Ministry of the Interior, the 1988 judicial appraisal system reform, the Bureau from the Ministry of the Interior, independent of the Ministry of the Interior, a business of private market players. Identification The Alliance is a private, private company with no affiliation with the Government, mainly to provide identification services for the police, and the police chief permission, you can use the national database. Other small-scale accreditation bodies include accreditation laboratories established within the university and accreditation companies of the defense sector.
In the UK, the identification of practitioners into the identification of scientists and general identification of the two. At present, there are 10,000 people engaged in the identification of the British work. Since 2000, the Ministry of Interior through the establishment of an expert registration committee for the registration of forensic identification management, making the identification of the certification standards tend to be unified.
Civil enforcement procedures in the UK are generally governed by court and court rules. In general, the Supreme Court and Supreme Court Rules provide for the High Court to enforce the procedure, the County Court Act, and the County Court Rules to provide court proceedings.
The civil enforcement agencies in the United Kingdom are divided into the organs that issue the orders and the organs that enforce the orders. The execution of the High Court's decision, using the execution order issued by the High Court, is "the Order of the Philippines", and the execution of the County Court's execution order is the execution order issued by the County Court.
The writ of execution consists of a writ of distress, a writ of possession, a writ of writ, a writ of temporary detention, and any subsequent writ in aid of any such writ. Civil enforcement in the United Kingdom mainly includes enforcement of judgments on payment of money, enforcement of judgments in possession of land, enforcement of judgment on delivery of goods, enforcement of judgments of any act done or not.
Both the Philippine Order and the Order of Execution are issued by the Office of the Court and, unless the referee has made more than 6 years, either the death of one of the parties or the order of seizure issued by the County Court has been effected or is due to the debts of some of the partners The writ of execution shall be executed by the district magistrate of the district where the property of the debtor is situated, and shall be executed by the county magistrate of the district in which the debtor's property is situated.
The system of court organization in Britain can be divided into two levels: the Central Court and the District Court. From the nature of the case, it can be divided into civil and criminal systems.
The Central Court consists of the Supreme Court, the Judicial Committee of the Privy Council and the House of Lords; the Magistrates Courts and the County Courts. The Supreme Court consists of three components, the High Court, the Court of Appeal and the Royal Criminal Court. The Judicial Committee of the Privy Council receives appeals from these courts and the judgments of the specialized courts of England and Wales, which is a standing committee. The House of Lords is the highest appeal of civil criminal cases, is the highest judicial organs, the exercise of the supreme judicial power, the House of Lords decision is final.
The civil court system of the United Kingdom consists of four stages: the county court, the high court, the civil appeals court and the upper house. The criminal court system in the United Kingdom consists of the Magistrates Court, the Royal Criminal Court, the Court of Criminal Appeal and the House of Lords. The Magistrates' Courts are the primary criminal courts of the United Kingdom and the lowest level of criminal justice. The Royal Criminal Court is a high-level criminal court in the United Kingdom and part of the Supreme Court of Justice in the United Kingdom. The Court of First Instance of the Court of Appeal shall not accept the case of first instance, but only appeals against the judgment of the criminal court.
In addition to the above-mentioned courts, the United Kingdom has a number of specially established specialized courts, independent of the civil and criminal court systems, mainly military courts, juvenile courts, labor courts of appeals, coroners and administrative tribunals.
In the UK there is no parallel with the court prosecution. As a prosecution organ in criminal cases, procuratorial organs exercise their procuratorial powers independently. Criminal cases can only be prosecuted by the prosecution to the court, the prosecution of the case whether to sue or continue to have an independent decision.
The UK procuratorial system is made up of the Central Legal Affairs Department, the Public Prosecutor's Office and the District Attorney General's Office headed by the Attorney-General. The Head of the Central Legal Affairs Department called the Attorney General and the Deputy Attorney General. The prosecution of the British Central Government is appointed by the Minister of the Interior to appear in court or a solicitor as a prosecutor. The Procurator-General directs the work of the Prosecutor, who is divided into Chief Prosecutor, Divisional Prosecutor, Assistant Divisional Prosecutor, Senior Prosecutor and Prosecutor. In general, the British prosecution to implement hierarchical settings, vertical management.
In addition to the prosecution of important cases, the British Attorney General and the Deputy Attorney-General also acted as counsel to the King, the Chief Justice of the Crown, attending trials of King's right cases, and occasionally taking part in the Cabinet and to the Parliament and Cabinet Advice on legal issues.
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