I think the Americans and USA law

I once visited America, cursory style to America a dozen states, Americans had contact and many authentic, exchanges. Later because of work, came into contact with many different people, including businessmen, scholars, tourists. Recently saw a book, "USA robbery" (worker Ding Zijiang, Chinese press in 2002 January issue of the first edition), produces many even think and feel. Here, I'd like to talk about my USA on and people of the American, USA historical law

In the eyes of the Americans, legal incarnation is a blindfolded eyes and hand rolling with balance goddess. people could not see her face, she also not is people in front of the WHO. In fact, according to the ancient tradition, in the whole western's eyes, goddess of law

Americans had a famous saying: can forgive, but not forget! (Forgivable, but not forgetable

The western people, people from all walks of life, different countries, including America, on laws have different interpretation and implementation way. As black or said, an old man and a young one,That contains the different. China sutras all suffering the world into two kinds: one is greed, two is ignorance. Thus, relief methods also have two kinds: one kind is compassion, is a kind of wisdom. Likewise, because crime crime of the goddess of punishment by law reason also nothing more than it is greed and ignorance. if, one is because the former punishment, is. deserve one's punishment but because the latter was the same outcome, is sometimes too wronged

One of the founding fathers American Madison over 200 years ago, said: "we need constitution, because of the weakness of human nature; and we can realize the constitution, because human advantage". In American, all the social and personal life, is different for various reasons, boils down to some legal problems. So, we often hear people say: "go and look, we court

In fact, law itself has no feelings, no human nature. But her matter carrier, are legislation is true to life the people which, law enforcement and interpretation are. will necessarily be inclined to mainstream society

In real life, everything you can bet, bet, bet. but don't bet to legal head, otherwise, will lose money, you will lose clean out completely, even your man's life and family possessions in 200 to take. USA years of Chinese history, we can see clearly, the Chinese even though their strengths with and advantages, but with other Americans, and ethnic art, but is Sanders, one another, the good and the infighting, timid and overcautious, weakness, quick. in both the political and the economic, the lack of foresight, difficult to a component of a benefit or a pressure group. The result, as in the gambling roulette, boarded the Chinese man's life and family possessions and social status. Americans usually on the impression of the Chinese, roughly several sources: the old Chinese City, new city campus, China, high-tech industry. caused by Chinese in American illegal also has its specific mode: 1 for "legal" and illegal; 2. for "Underworld" and illegal; 3 for "tax" and illegal; 4 for "green card" and illegal; 5. because of "greed" and illegal. On the other hand, the Chinese often is the victim. mainly there are some patterns. 1 by ignorance or greed The racial discrimination and victimization; 3. for cash or significant rich and the victims; 4 for less than do good, don't like to serve the society and the victims; 5. for abuse women and the elderly children for fear of victimization; 6 report, afraid of lawsuit and the victimsAlso because of indulgence, because things, because the gang, for kidnapping, because of superstition and so on, because the green victims

American attitudes toward the law basically has three kinds: the "legitimate", "illegal" and "not illegal". The first is, since it is a legitimate business, of course I can do ; second is, since it is illegal, of course I can't do ; third. Legal status it is between legitimate and no grey areas, neither it is not dry, that can do, also can not do. As Hongkong's tax law, you can not tax evasion, but can reasonable tax avoidance. American a different legal principle is, no rules can not do

In general, the west law, including American law, an important difference is that the former is traditionally : "would rather do one thousand good men, never let a bad guy". while the latter is "would rather let one thousand men, nor legal. Western wronged a good people" is the principle of "presumption of innocence", which in the absence of sufficient evidence, cannot say that a person is criminals; and the traditional Oriental Law is a "presumption of guilt". to assume that one is the criminal, to collect evidence

"You have the right to remain silent; all what you say may be in court as evidence is not conducive to yourself; you have the right to hire a lawyer, and was in question shall have the right to request their presence; if you do not have the ability to hire a lawyer, court will provide a lawyer for you defense." the Supreme Court which is derived from the beautiful federal a ruling, is America make known to every family "Miranda warning" (

The protection of human rights, including the right of reputation, American and Western Hongkong police, the seizure and captured suspects, usually give him wear a black suit, to enable him to get a fair trial in the future. at present in China, also not widely achieve this point. which will inevitably the suspect in the not be legal to convict him before, had been the media and the public. "He is a criminal who" mark. which will more or less influence to police investigation and judge

Living and working in America, there are many places is American legal knowledge must pay attention to. 1. need to know, as well as the Constitution and relevant laws under the protection of the personal power; 2. at any time to the relevant legal professional advice, avoid being misled by some appear wrong information; 3 must hire qualified trusted lawyer, not as the case to save money and find illegal poor legal service agencies, quality and lawyers; 4 to retain the relevant text information such as documents, tax returns, contract; 5 do not indiscriminate signature. Make clear the content of the file; the written file 6. not to fill in false and fraud will put it down in black and white. Because the record; 7. a lot of things is not private. If not take legal proceedings, the future will no end of trouble for the future; 8. to do business or business activities, must comply with the

Americans often say: USA system is not perfect, just the worst of the good (The bestThe worst!). In other words, the system is not good, but other than it

USA law can be divided into three levels, or three categories: the first is the federal regulations enacted by Congress. America; second, the state laws and regulations, in accordance with the Federal Constitution as the criterion. formulated by the State Council in accordance with the state constitution authorized; third is the common law, with previous precedents to adjudicate those by the federal government. Regulations or state regulations covered case. In America, measure a behavior development or not, often on the three major categories of regulations as a holistic consideration, may not be the one to do segmentation or isolated

The common law America possesses duality. On the one hand shows the invariance (Immutability) on the other hand, show some new (Flexibility)). the former refers to the principles in the never changing position, while the latter refers to these principles and the environment can be based on the space-time and change and adjust. continental law there are three significant common law and difference: one is in the former system, judges have some sort of "legislation" power, that is creating the case can be a similar case must follow the example of the "Regulations"; the latter system, judges have no such power. The decision on the case. is limited to two in the former system, "the defendant is innocent until proven guilty" (,Perjury responsibility in the prosecution. it must provide sufficient evidence to prove that the defendant is guilty, can say the defendant does not provide evidence to the contrary ; while in the latter system, the first assumption of guilt (Presumed guilty,Perjury responsibility in the. if it cannot provide sufficient evidence to overturn the prosecution presumed guilty evidence, namely the convicted ; three is the former can jury selection, the latter without any of the custom and Practice

One of the most core features USA law is: prevent state and the abuse of government power and to a person of oppression. because a guilty person to harm, don't bring totalitarian and authoritarian tyranny, the harm. The words of Kong Fuzi, is fiercer than tigers "harsh

USA federal constitution is based on the separation of the three powers and checks and balances (Check and balance) on the principle of presidential democratic system. Its main purpose is to establish a strong elected government, directly represent the interests of the masses. It stipulates composition, form of government for the separation of the three powers, namely to the Senate, house parliament is the highest the legislative branch; to the president for the chief executive of the White House is the Supreme Court law enforcement agencies; to nine federal composition of the Supreme Court is the highest dilution mechanism. The three agencies are independent from each other, and mutual checks and balances, to defend American

The federal constitution is based on the unified national system of federal and state government dual separation of powers; federal constitution is based on the double track system and the principle of judicial independence of the court system; federal constitution is based on the civil power principle in security

Unlike other countries American constitution, constitution, only emphasis on civil rights, almost no emphasis on civic duty. The first few amendments can be called the bill of rights. such as the first amendment guarantee civil religion, freedom of speech and press, and peaceably to assemble and to petition the government for Second Amendment rights. Guarantee citizens the right to own arms. and the third amendment

The federal constitution is based on the principle of the system be concise and to the point and. America federal constitution which only 20 pages. Literally, it is easy to understand, but between the lines, is rich in humanistic spirit of deep, complicated historical background rich, philosophy idea and good social ideal. It does not seem to be "perfect" , added the additional 26 people also have no intention of going a step in the pursuit of "perfect". it never end and meet all of the social conditions and needs to. but it for future practice and the social civilization and the expansion of the fully development provides the imagination space in the main body of text. after amendment and future possible amendment, is

The main difference between criminal law and civil law is USA:

1 criminal case the plaintiff is the government (sometimes is all people) rather than individual; civil plaintiff can not only for the government or private, but

2 criminal case verdict of "guilty" or "not guilty"; civil case judgment is "win" or "lose", plaintiff or defendant "responsible" (Liable) or "not responsible" (Not liable

3 criminal cases in the trial process, the 12 member jury must form a consensus, otherwise required for retrial; civil case in the trial process, the jury in the ratio of 9 to 3 majority opinion can be formed,

4 in a criminal case the defendant may enjoy the provisions of the constitution Fifth Amendment right to silence, refused to testify or answer any consultation; civil lawsuits, and shall not refuse to testify in court

5 in a criminal case the defendant was without the economic ability to hire a lawyer, can enjoy the Sixth Amendment right, get the referendum law (Public defender); civil lawsuits must pay the legal fees and court costs, (but sometimes can get government funded legal aid door a

6 in a criminal case, the prosecution must provide "beyond a reasonable doubt" (Prove beyond Reasonable Doubt) evidence, to prove that the defendant guilty; civil case judgment criterion is in both sides of which side of the evidence is stronger, or based on a side of the evidence of more than 50%, can be

The judge 7 criminal cases more careful treatment of various kinds of evidence, never used in violation of the fourth amendment and illegal search and seize evidence; civil judge has great flexibility to choose hall is various

All defendants are presumed innocent 8 criminal cases in the conviction of all the accused before; civil case does not involve the presumption of innocence, so not found guilty or not guilty

The results of guilty in a criminal case is 9 of the sentence or even the death penalty, but also including fines; the civil case lost absolutely not going to jail, I is the economic loss. unless violated the injunction and the cases will be turned into a criminal case

The 10 criminal cases may be appealed, the prosecution if lost, would not appeal, nor on the same charges indicted again, otherwise it is double prosecution case the plaintiff; civil and defendant can again

11 criminal case for related to human freedom, may request the summary, it is priority; civil case only money, so can be on trial

12 criminal case involving the narrower; civil case is vast

13 criminal case after the verdict, the court is responsible for the strict enforcement of civil judgment; after , usually are not responsible for the execution of court

American criminal and civil law trial, sometimes can bring many puzzling and make me on the spot results. as years ago Simpson case "to the criminal trial of innocence, the civil procedure should pay responsibility"