北爱尔兰法律系统分析.pptVIP

Northern Irish Legal System 主讲人：陈蕾12013026002 Introduction 1.There is no single legal system in the UK. 2.There is a general similarity between the separate system of England and Wales and of Northern Ireland. 3.The law of Northern Ireland is a common law system. Two Features 1.A feature common to all system of law in the UK is that there is no complete code（法典）.The sources of law include (1) statutes; (2) a large amount of unwritten or common law; (3) equity law; (4) European Community. 2.Another common feature is the distinction （区别）made between criminal law（concerned with wrongs aginst the community as a whole）and civil law（concerned with disputes（纠纷）bewteen individuals about their rights ，duties and obligations（义务） bewteen individuals and companies ，and between one company and other）. Criminal Proceedings In Britain all criminal trial（审判） are held in open count because the criminal law presumes the innocence of the accused until he has been proved guilty beyond reasonable doubt. The prosecution（原告，控方） and the defense get equal treatment. No accused person has to answer the question of the police before trial. He is not compelled（强迫） to give evidence in count. Every accused person has the right to employ a legal adviser to conduct his defense. If he can not afford to pay, he may be granted aid at public expense. In criminal trial by jury（陪审团）, the judge passes sentence, but the jury decided the issue of guilt or innocence. The jury composed of 12 or ordinary people. If the verdict （裁决）of the jury can not be unanimous（一致同意的）, it must be a majority. A verdict of not guilt means acquittal for the accused, who can never again be charged with that specific crime. Criminal Courts Cases involving minor（轻微的）summary offences are heard by magistrates courts （治安法庭）presided over by a full-time legally qualified resident magistrate. County courts（群法庭） are primarily civil law courts. The Crown Court （皇家刑事法庭）deals with criminal trails on indictment. Civil Courts C