Western court and judge system

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British court system

British judicial organizations follow the historical tradition and have a complex system. Most of the courts are not composed of fixed judges, but judges of a certain level come to the court to form a court for trial.

Before Britain was conquered by William, Duke of Normandy in 1066, there were county courts and hundreds of courts everywhere, which exercised judicial functions according to local customary laws. The church has also set up its own court to conduct trials according to church law. The Norman dynasty began to establish Curia Regis, and sent circuit judges to various places for trial. Since then, Chancery Court, Star Court (special criminal court held by the king, named after the star-shaped decoration of the court building), ordinary litigation court, inheritance and divorce court, maritime court, etc. have been established one after another, and there is no unified court system. /kloc-after the bourgeois revolution in the 0 th and 7 th centuries, the court organization did not undergo major reforms, but some adjustments were made one after another to meet the needs of capitalist development; After the judicial reform from 65438 to 0875, Britain gradually formed a relatively unified system, but there are still many feudal traces in the court name and litigation procedure, and the trial level and jurisdiction are also quite complicated.

Judges in Britain, whether full-time or part-time, are appointed rather than elected. Judges are divided into seven categories, from junior to senior, namely: ① Magistrates (magistrates) are amateur judges; (2) Salaried Magistrates (Salaried Magistrates); (3) the record judge, that is, the judge who is also a lawyer; 4 circuit judges; (5) Judges of the High Court; 6. Appeal judge; ⑦ The permanent appeal board member is a judge who is also a member of the House of Lords. The four most senior judicial officials in China are the Chief Justice, the Chief Justice of the High Court, the Archivist and the Family President.

The trial level of British courts is basically divided into three levels: grass-roots courts, the Supreme Court and the House of Lords. Specialized courts include military courts and administrative courts.

The jurisdiction of grass-roots courts over civil and criminal cases is basically separated. Including:

The county court is the basic court to hear civil cases. Sessions are mainly presided over by circuit judges, and juries are generally not convened (see jury system). If you are dissatisfied with the county court's decision, you can appeal to the Civil Appeal Division of the Court of Appeal.

Magistrate's court: the basic court that hears criminal cases. The hearing shall be held by two or more magistrates. Individual cases can be tried separately. Salaried magistrates have the right to try alone. Its functions and powers are mainly to conduct summary trials and pre-trial prosecutions. Summary trial is to try summary crimes or other indictable crimes according to summary procedures. Summary crime is roughly equivalent to the crime of violating the police in civil law system, and indictable crime is equivalent to criminal crime. Pre-trial of prosecution is a pre-trial of the accusation of indictable crime, and it is decided whether it can be formally prosecuted in a criminal court. Some magistrates' courts also handle minor civil cases, such as marriage, adoption or maintenance disputes. The magistrate's court has also set up a juvenile court to deal with juvenile delinquency cases and disputes concerning the care of juveniles. If you are dissatisfied with the decision of the magistrate's court, you can appeal to the criminal court; If it is purely a legal issue, you can appeal to the High Court for legal trial by applying for approval (see appeal trial procedure).

The coroner's court specializes in conducting inquests on bodies with unknown causes, suspected violent killings or other abnormal deaths, and completing preliminary investigations and pre-trial tasks; However, it only has the right to transfer the case directly to the criminal court for formal prosecution, but has no jurisdiction.

The Supreme Court is a general term for criminal courts, high courts and appeal courts. It is not an independent court, nor is it the highest trial level.

The Criminal Court (translated as the Royal Court) accepts appeals against the decisions of the Magistrate's Court and is also the court of first instance that can prosecute crimes. This is a national court, which can have jurisdiction over any criminal case in this country. Founded in 1972, its predecessor was Circuit Court and Quarterly Court. In London, it is said that the central criminal court is divided into three levels according to the level of residence at the local level, and it has jurisdiction over four types of criminal cases according to the law. Judges who can sit in criminal courts include high court judges, circuit judges, record judges and magistrates who are not within their jurisdiction and have not participated in the preliminary hearing. The criminal court must summon a jury to hear the case. If you are not satisfied with the judgment of the criminal court, you can appeal to the Criminal Appeal Division of the Court of Appeal.

The High Court was established in 1873, which was formed by the merger of several courts, including the Chancery Court. There are three courts: ① the throne court, whose main task is to hear major civil cases of first instance, organize specialized courts such as maritime collegiate bench and commercial collegiate bench to hear such cases, and accept criminal cases appealed to the court by way of accusation; In addition, the throne is also responsible for issuing habeas corpus and various privilege orders, and conducting trial supervision. (2) The court is responsible for hearing civil disputes related to real estate, entrustment, will, partnership and bankruptcy. (3) Family Court, which mainly hears major disputes related to family, guardianship, marriage and other appeals. Each division of the High Court is heard by a judge and a record judge of the High Court. If you are dissatisfied with the decision of the High Court, you can appeal to the House of Lords.

The court of appeal was established in 1966, which was formed by the merger of the original criminal court of appeal and the court of appeal specializing in civil appeals. There are two courts of appeal, namely, the civil court of appeal and the criminal court of appeal. The Civil Court of Appeal accepts appeals against county court decisions; The Criminal Court of Appeal hears appeals against criminal court decisions. The Court of Appeal of China is heard by the Appeal Judge, the High Court Judge and four top judicial officials. If you are dissatisfied with the decision of the Court of Appeal, you can appeal to the House of Lords again.

The House of Lords is the highest judicial level. Only appeal cases involving major legal issues of universal significance are tried. Its judicial power is exercised by permanent appeal members. Don't look at the case file, just listen to the statements of the lawyers of both sides, and the ruling is made in the form of a resolution of the upper court.

Military courts and military appeal courts are the most important specialized courts besides ordinary courts. Responsible for the trial of military crimes and ordinary criminal crimes; The former has exclusive jurisdiction, while the latter has dual jurisdiction with ordinary courts. Its highest judicial level is also the House of Lords.

The administrative court has the nature of a specialized court, but it is also called a quasi-court because it belongs to various administrative organs and only governs specific types of administrative litigation, and is not a judicial organ in a strict sense. There are many kinds of administrative courts, such as land courts, land rent courts, traffic courts, medical appeal courts, industrial injury courts and immigration appeal courts.

These are the court systems in England, Wales and Northern Ireland. Scotland also has its own unique court organization, but its highest judicial level is still the British House of Lords.

German court system

There are six kinds of courts, namely, constitutional court, ordinary court, labor court, administrative court, social court and financial court, which are all systematic. In addition to the Constitutional Court, the federal courts of the other five courts formed a joint committee to coordinate their work. The power and composition of constitutional courts (including federal constitutional courts and state constitutional courts) are stipulated by the Basic Law, and their status is higher than other courts. Ordinary courts are responsible for hearing all civil and criminal cases outside the jurisdiction of specialized courts, which are divided into four levels, namely, the federal supreme court, the state high court, the state intermediate court and the local court. Labor courts are divided into three levels, which are responsible for hearing labor disputes, disputes between trade unions and their members, disputes about workers' right to participate in decision-making, disputes between trade unions and their members, and disputes about workers' right to participate in decision-making. The administrative court is divided into three levels, which is responsible for hearing all administrative litigation except the constitution, social insurance and finance, and the defendant is the state administrative organ. Social courts are divided into three levels and are responsible for hearing all disputes related to social insurance. The financial court is divided into two levels and is responsible for hearing financial and tax disputes.

French court system

It is divided into two systems: ordinary courts and administrative courts. Courts include civil courts and criminal courts. Among them, there are courts of first instance and courts of first instance belonging to civil courts, and there are police courts, misdemeanor courts and felony courts belonging to criminal courts. In addition, there are courts of appeal (courts of appeal for civil and criminal cases, except for felony cases), State Security Court (which is responsible for hearing cases of subversive activities in peacetime and political crimes designated by the Minister of Justice) and Supreme Court (the highest trial level of ordinary courts, but only reconsidering legal issues, not hearing facts and not making new judgments). The administrative court has two tasks: (1) it is an administrative function to explain the existing laws and administrative decrees to the administrative department, provide suggestions and draft; (2) It is a judicial function to hear disputes between administrative organs and citizens' complaints against administrative organs. The administrative courts are divided into two levels, namely, the Supreme Administrative Court and the administrative courts established in the provinces. The dispute court is responsible for handling jurisdiction disputes between ordinary courts and administrative courts. According to the provisions of the French Constitution, there is also a special high court independent of the above two systems, which specializes in hearing treason committed by the President and criminal crimes and crimes endangering national security committed by government ministers during their term of office.

American court system

It is divided into federal system and state system. Different names, different trial levels and complicated jurisdiction. Courts are generally civil and criminal, and the jury system is not adopted (except for some grass-roots courts). Prosecutors are led by the Ministry of Justice and subordinate to courts at all levels. The cases under the jurisdiction of the courts of the federal system are mainly: cases involving the federal constitution, laws or international treaties, cases in which one party is the federal government, and cases involving foreign government agents. Cases on the high seas or navigable waters in China for foreign trade and interstate trade, disputes between different states and citizens of different states, and lawsuits brought by state governments against citizens of other states. The courts of the federal system include: the Federal District Court (the court of first instance for ordinary civil and criminal cases), the Federal Court of Appeal, the Supreme Court of the United States (the highest judicial level in the country is composed of nine life-long judges appointed by the President with the consent of the Senate, whose precedents are binding on the whole country and enjoy special judicial review rights) and special courts. The names of state courts vary from state to state, generally divided into three levels, and various small courts are not included in the trial level. State system courts include: grass-roots courts (courts of first instance for ordinary civil and criminal cases under the jurisdiction of the state), state appeal courts and state supreme courts (the highest trial level of the state).

American court system.

http://www.court.gov/

The United States is a common law country. The main characteristics of American judicial system are: implementing the principle of separation of powers and implementing judicial independence; The court organization is divided into federal system and local system; The Federal Supreme Court enjoys special judicial review power; Wait a minute. The judicial organization court is very complicated and divided into two systems: the federal court and the state court, which apply their own constitutions and laws and have jurisdiction over different cases and regions. In addition, the National Assembly has established special courts, such as the Federal Court of Appeal, through relevant decrees as needed. Judges implement an irreplaceable system, including full-time system, high salary system and retirement system. There is no unified administrative court in the United States; Administrative dispute cases are tried by ordinary courts, and independent institutions also have the right to accept and decide.

The procuratorial organs in the United States are no different from the judicial administrative organs. The federal attorney general is the minister of justice, the legal adviser to the president and the government, supervises the administration of justice, and represents the government in court and participates in litigation when the federal Supreme Court hears major cases. Prosecutors are led by the Ministry of Justice and subordinate to courts at all levels. Litigation procedure Civil litigation procedure adopts the debate system, with sole hearing; Some lawsuits, especially tort lawsuits, are decided by juries and decided by judges. The characteristics of criminal proceedings are as follows: the federal and some States retain the grand jury review system for felony prosecution; Illegally obtained evidence is inadmissible; Plea bargaining is widely used before trial; In defense, the plaintiff and the defendant's lawyer in civil cases, and the prosecutor and the defendant's lawyer in criminal cases confront each other and argue. The judge does not take the initiative to investigate, but only plays the role of "passive arbitrator". Judicial review system, as a federal principle, was formally established, beginning with 1803 "Marbury v Madison" of the federal supreme court. On behalf of the court, Chief Justice J. Marshall held that "unconstitutional laws are not laws" and that "the Constitution forbids all laws that contradict them", and explicitly declared that Article 13 of the judicial regulations promulgated by the National Assembly in 1789 was unconstitutional, thus establishing the authority of the court to examine the laws passed by the National Assembly and gradually forming a judicial review system. This system has become a political means to maintain the ruling order and implement power checks and balances, and has been followed by many countries in the future. The judicial review power in the United States is exercised by ordinary courts, mainly the Federal Supreme Court. The way is whether the laws applicable to specific cases are unconstitutional, and the object of review includes not only the laws enacted by Congress, but also the administrative measures of the President.

The organization of American courts is divided into federal system and state system, with different names and trial levels and complicated jurisdiction. Courts usually have both civil and criminal functions. Except for some grass-roots courts, the jury system is not adopted. Prosecutors are led by the Ministry of Justice and subordinate to courts at all levels.

The cases under the jurisdiction of the courts in the federal system mainly include: cases involving the federal constitution, laws or international treaties, cases in which one party is the federal government, cases involving foreign government agents, cases involving foreign trade and interstate trade in the high seas or navigable waters in China, disputes between citizens of different states and lawsuits filed by state governments against citizens of other states. Courts in the federal system include:

Federal District Court

The courts of first instance for ordinary civil and criminal cases are the federal district courts located in each state, which only hear cases within the federal jurisdiction, while the federal district courts located in the capital district of Columbia and the territory are also responsible for cases within the federal and local jurisdiction. Generally, it is a single trial, and major cases are tried by a collegiate panel of three judges and a jury is convened; The federal court of appeal is located in the national 1 1 judicial circuit, and accepts appeals against the judgments of the federal district courts in the circuit, as well as the judgments of specialized courts and some administrative organs with partial judicial power in the federal system. Cases are usually tried by three judges.

Supreme court of the United States

It is the highest judicial level in the country and consists of nine life-long judges appointed by the President with the consent of the Senate. Its precedents are binding on the whole country, and it enjoys the special right of judicial review, that is, the right to declare whether the federal or state laws are unconstitutional through specific cases.

Specialized Courts There are also various specialized courts in the federal system. At the same level as the court of appeal, there are: the court demanding compensation from the government, and the court of appeal for tariffs and patents. At the same level as local courts, there are also customs courts and tax courts. In addition, some federal administrative agencies have partial judicial power and can decide disputes within their jurisdiction. These administrative agencies include the United States Federal Trade Commission.

Member and state labor relations bureau, etc.

In the state system, the names of courts vary from state to state, generally divided into three levels, and there are also various small courts that are not classified as trial levels.

grass-roots court

Generally speaking, the state district court, the state circuit court, the state high court or the state ordinary litigation court are the courts of first instance for ordinary civil and criminal cases under the jurisdiction of the state, and most States stipulate that a jury must be convened for trial. Some states have county courts, city courts and police courts under the grass-roots courts. Grass-roots courts also have various special courts or other special courts, which are not used as trial levels; If you are dissatisfied with his judgment, you can apply to the grass-roots court for retrial, and you can appeal later. Such specialized courts include family courts, probate courts, will processing courts, traffic courts and small claims courts.

State Court of Appeal

Most states have state appellate courts as intermediate appellate courts.

State supreme court

The highest trial level in a state is the state supreme court, and some states are called the supreme trial court and the court dealing with illegal acts. In some states, there are civil supreme courts and criminal supreme courts. The court organization in New York State is quite special, and its court of first instance is called the state supreme court, which is divided into family court and probate court. The appeal level is the appeal court of the above-mentioned court, and there are no other courts. The highest trial level is called the state appeals court.

Federal Supreme Court (Federal Supreme Court)

The highest trial level and the highest judicial organ of the federal court system in the United States. 1790 was established in Washington, D.C. according to the U.S. Constitution ... at first, it was composed of L chief justices and 5 judges, and then the number increased or decreased several times. 1869 is composed of 1 chief justice and 8 judges according to the laws of the National Assembly. Judges are appointed by the President with the consent of the Senate; As long as they are loyal to their duties, they can serve for life and cannot be removed without impeachment by Congress. However, those who have reached the age of 70, worked for 10 years or worked for 15 years can automatically propose retirement. According to the Constitution of the United States, the Federal Supreme Court has the power of first instance in cases involving ambassadors, other envoys and consuls, with the state as one party. Have the right to review legal issues in cases tried by the state supreme court or the federal appeals court; Have the right to issue "trial orders" to hear cases tried by lower federal courts or state courts. The Federal Supreme Court also has the power to conduct judicial review to examine whether federal or state legislative or administrative actions are unconstitutional. Whether it is a case of first instance or a case of review, it is a final judgment. The court session lasted from the 1 th Monday in June 65438 to the middle of June of the following year. The judgment shall be based on the simple majority vote of the judge, and the opinions of all parties shall be stated in the judgment. 1882, the report officially compiled by the Supreme Court of the United States began to be published, and the cases in it were binding on the court and served as the basis for hearing similar cases. "