Americans love to engage in a lawsuit, in the whole world is famous. People against the government, against the tobacco companies, to polluting enterprises, against monopoly, to the securities company, accuse the bank, told the boss, sue for infringement of their neighbors, all right behavior will check evidence of both parties at court. Therefore, USA powerful lawyer system and a sound legal system will naturally emerge as the times require.

      American legal system and judicial practice has the following important features:

      · judge has the power to interpret the law, have the right to make the government ruled that even the parliament or the bill or resolution in violation of the constitution. The judge sentencing person enjoys great discretionary power, but as a special occupation judges may not by young people full of sap to make (or demobilized officers practicing graduate legal professional undergraduate course graduated from University, and the judge must pass through several years of business lawyers this long road).

      · national court is divided into federal court and the local court of the two systems, civil and criminal cases in federal court case handling parties or cross state and major cases, in the country with89A court of first instance and12A circuit court of appeals, there is no relationship between the Federal District Court and the local government. The local court can only accept the state or local civil and criminal cases, so there is no "judicial local protectionism" problem. The Federal Supreme Court for federal and local court to the court of final appeal.

      · federal court judge nominated by the president and Congress approved, in addition, funds, personnel and business federal court and local irrelevant; all kinds of court duties, it simply does not exist on the lower level or the relationship between leaders and staff; the Americans insist "judge not division, only obey the law" principle, and so on to the chief judge, President of the court are just to the judicial administrative business Convenor, absolutely can not interfere with any judge of the trial, there is no more what police, inspection, law three of unified leadership and departments between "communication, communication and harmonious". The local court, etc. belong to another set of independent judicial system, the judges from the county mayor nominated, approved by the local council, the judicial service and the federal government, the federal courts have no relationship.

      · judges to hear cases were inclined to vulnerable groups, the legal basis is: your government consortium company boss rich lawyers rich time, individual citizens do not, therefore, individuals (natural person) litigation and corporate government is generally more lose less, so the people are willing to engage in a lawsuit, and any big boss a face of the common people the opponent is absolutely not "The Legendary Swordsman".

      · America law also designed a special help the poor litigation "contingency fee system" , its main provisions are: any action as long as a man can prove that he really had no money, can be made by the court to help pay for the procedure. The country also has a large number of legal advice, the poor can get effective judicial relief and timely free legal aid.

      · judges attempt an ineffective solution case rarely make decision, especially for the enterprise the infringement of personal rights cases, frequently sentenced compensate tens of millions of dollars or even million yuan (lawyers willing to his party won the high compensation, and is responsible for determining the amount of compensation cases and also the jury determine), such as citizens to sue tobacco companies case, citizens against securities company case, citizens to the enterprise pollution case, small businesses to large companies monopoly case, any big boss once lost will flesh big injury, lifelong and unforgettable, because the court sentenced to compensation for millions, hundreds of millions of also is very normal. American law also encourages citizens to collective action, such as financial and securities fraud, residential environment pollution, food poisoning case and all kinds of discrimination case.

      Process, the judge in the case in the trial of all purely host, court basically is controlled both sides (defense lawyer or lawyers and prosecutors) confrontation against some minor criminal cases, lawyers for both sides but also their consultation mediation, the judge confirmed after the entry into force. And that fact and legal victory or defeat is composed by ordinary people's jury, the judge will according to the jury decided to immediately make a court decision. During the trial jury member in the case, will be quarantined in hotels, not watch TV read newspaper meeting visitors, rest period shall also communicate the case, to avoid being influenced by outside influence and mutual.

      · American law at the beginning of that adhere to the "passive justice and judicial independence principle", in order to avoid harmful interference in any judge, very taboo "and the masses become integrated with, also very taboo" legal "initiative", so the judge naturally became the "personal social life the most narrow the most low-key" crowd.

      · judge strict legal precedent system, similar to the case as long as any court have done judgment, then decision cannot and have obvious difference, this method can effectively avoid the law may be due to the different understanding of the regional and individual judges, and not just even difference heaven and earth award.

      · America trial implementing three tiered system, a second case of any court of final appeal to the Supreme Court of final appeal can be. Have a major impact on the case, court hearing in the case before also, various reactions and opinions gather people and experts. Many death penalty cases even procrastination 10 years to be executed, therefore "again and again for the wronged Zhao blood" will only anecdotes of legend in modern history in the judicial practice.

      The profile after the America legal practice, you will not be difficult to understand Americans love after a dispute lawsuit and not noisy, killing, to find the relationship between friends; it is not difficult to understand the courts and parliament, they why didn't need to establish what letters and Complaints Bureau, began to run, the anti counterfeit office, executive and Council to do, without the need for yours what with vigour and vitality "adults dimension stability and law enforcement appraisal" activities.

       The judicial system is America capitalist nature, but in the "globalization" represent the general trend today, which should also contains worthy of our "use or reference" place.

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