America characteristics of legal general

 

   American culture inherited the traditions of Greece, the law as a blindfolded goddess, holding a pair of scales. Obviously, this is a symbol of the spirit of justice and make no exception. However, spirit to spirit, practical operation, but not so easy to implement. America law inherited the modern western philosophy, the "double meaning of organic Law" one word on behalf of the natural law and social law through it, ultimately comes down to human life, in the natural and social equality, freedom, happiness, dignity and value of human security. Americans often say, American system is not perfect, but the worst of the good (The best of the worst). In other words, the system is not good, but the other is not it.

   USA law is divided into three levels, or is the three largest category. The first federal regulations enacted by Congress, USA, it clearly defines the federal agencies authority, and authorized the often proposed federal administrative departments and the exercise of federal regulations. Second, in accordance with state regulations, the Federal Constitution as the criterion, by the State Council in accordance with the state constitution authority to develop, it clearly defines the mechanism of the state authority, and often authorized to exercise state administrative departments and state regulations; state under the jurisdiction of county and city to develop local regulations, according to the authorization. The third is the common law, i.e. by precedent to adjudicate those are not federal or state regulations covering cases. The three kind of method is roughly mastery, but there are also some conflict, vulnerability, missing, incomplete and gray edge in certain range and some details. In USA, constant a is legal or not has to be the three major categories of regulations as a holistic consideration, no segmentation or observation of the an isolated. The early years of the Republic, America developed a written constitution, but states autonomous legal system. In addition to the defense, foreign, federal immigration policy, finance, international trade and interstate commerce and other aspects, there is no unified legislation; legislation of criminal, civil and commercial aspects of basically belongs to the state. The federal government agencies and relevant non-governmental organizations for a quasi many states example code, but states to emulate degree but be quite different. For example: USA south formerly French territories of Louisiana retained the French law tradition, they inherited the Napoleon code, do not accept the Uniform Commercial Code (UCC); the relative law of the southwestern states, is shown as the French and Spanish law impurities.

   American implemented with the so-called continental law (Continental Law) the common law is different (Common Law). The common law or case law (Precedential Law), different from the regular grammar from the legislative procedure (Statutory Law), can reflect the characteristics of American law. From the historical and cultural origins of speaking, the common law USA common law from the UK, and the latter is affected by Rome law. The common law was with the British colonialists landed in America, in America after the war of independence, continue to be an important part of most state laws. The common law is never through the legislative process, so it has never been included in formal code, but the combination has already accepted by the legal profession of various custom and precedent. These regulations with long history and social practice accumulated gradually formed, and was accepted into the universal laws of social and individual various personal, property, business, trade, interests, disputes, rights and obligations and norms. Usually, they originated from all levels of courts published or interpretation of the many decisions and decision, and is recorded, so as to provide reference for later similar case and follow the example of. Generally speaking, the court's judgment is not conforming to the established provisions of common law, but the reference customs and habits, the traditional, common sense, logical reasoning and practical principles of general. In a certain sense, a successful judges and lawyers are embodied in the known and effective quoted the precedent. The common law has a dual nature: on the one hand, it exhibits invariance (Immutability); on the other hand, it also showed some plasticity (Flexibility). The former refers to the establishment in the principled position will never change; the latter refers to these principles can be adjusted according to the change of time and environment. Common law has three remarkable difference with the continental law: one is in the former system, judges have some sort of "legislation" rights, that is to say, the creation of the case can be a similar case must follow the example of the "Regulations"; in the latter system, judges have no such rights, the the decision is limited to the case. The two is in the former system, "the defendant is innocent until proven guilty" (Presumed innocent until proven guilty), perjury responsibility for the prosecution, it must provide sufficient evidence to prove his guilty, can say the defendant does not provide evidence to the contrary; while in the latter system, the defendant is presumed guilty (first Presumed guilty), certificate of responsibility in the crime, if it cannot provide sufficient evidence to overturn the prosecution evidence is presumed guilty, guilty. The three is in the former system, can be chosen by the jury; while in the latter system, without the custom and practice.

   In general, America legal and judicial system has the following characteristics: (1) the supremacy of law, rule of law, usage of spirit to protect fair competition, and guidance and implementation of various utilitarian appeal of social contract; (2) the Si Faquan independent, not subject to the legislative and administrative power of intervention; (3) before the law relative equality; (4) shall not abuse of judicial power and stifle individual rights and freedom; (5) the judicial proceedings of the judge, prosecutor, jury and lawyers are independent, the formation of mutual checks and balances "defense system" (Adversarial System); (6) the legal profession, especially the lawyer of the political participates in the formation of traditional, for example: many members of Congress, governor, and even President came from lawyers; (7) use the law to restrict and make up the weakness of human nature and defects; (8) benign interaction emphasizes the freedom and self-discipline, and self constraint in order to protect the individual freedom; (9) pay attention to equal protection fair the law and legal procedures; (10) based on the interpretation of jurisdiction; (11) allows the prosecution and the defendant argument transaction (Plea Bargaining); (12) respect Criminals' rights; (13) the basic compliance with the law occupation ethics; (14) the difference between innocent and guilty (Innocent of Not Guilty); (15) spend taxpayer wealth; (16) action time - consuming.

   One of the most core features USA law is: to prevent the state and the abuse of government power and oppression on individuals, because the harm a guilty person to society, harm is also far less authoritarian tyranny, totalitarianism and the. Take Confucius's words, is that tyranny is fiercer than tigers also. The results will cause "would rather let one thousand bad guy, don't wrong a good man", not as "Oriental culture rather than wasted one thousand good men, do not let a bad guy".

 

Characteristics American constitution

 

   The highest legal America is the Federal Constitution (Constitution), total principle it is: freedom, equality, justice. Finally, the password can we use the famous saying of Madison to interpret USA Constitution: "we need the constitution because of the weakness of human nature; and we can realize the constitution because human advantage". In other words, we can use the law to cause to restrict the evil of humanity force, also can use human nature to form a society ruled by law.

The Constitution clearly states: "we, America people, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the welfare, and to protect our natural freedom, at the same time in order to our children and grandchildren, and the establishment of the United States of America promulgated the constitution."

   For the Americans, all legal problems finally can be classified as constitutional, unconstitutional, which accords with the federal constitution.

   The first part America constitution made in Philadelphia in 1787 May. Over the past 200 years, USA federal constitution guide regime and the social system of continuous improvement, laid the basic foundation for political stability, economic development and the protection of national interests. On the whole, the basic idea is relatively perfect, has the very strong internal adjustment to external changes. As the Supreme Court of Micah Rock accused Mali Lanzhou case verdict said: this is"...... A set of aims to permanently handed down, and can be adapted to all kinds of dangers resulting from human activities in the constitution." Unlike rigid constitution Chinese, America constitution belongs to flexible constitution, the Constitution itself will not be cancelled or modified, but only in the additional amendments to expand. The Constitution itself has a rule, can according to the need of the society, politics and economy of the amendment to the constitution. In order to ensure its effective modification, but also has a dual program, namely each house by a majority of at least 2/3 through 2/3, or at least the State Council decided to propose an amendment. At present, USA federal constitution has an additional 26 amendment. In addition, the practical effectiveness of the Federal Constitution also gives the judicial interpretation power to alter the terms of the. The following five main features USA federal constitution.

   One, the 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 people. The Federal Constitution and the definition of the government established a composed of layers of the local government of Pyramid structure. The effective powers granted to the federal government to the constitution to adjust and balance the relationship between itself and the States and the interstate. It is the diversity of social forces, and even conflicting interests to create a common basis for recognition and follow. It provides the government organization is the separation of the three powers, namely: to the Senate, house of representatives of the Congress is the highest legislative body; to the president for the chief executive of the White House is the highest law enforcement agencies; the Supreme Court is composed by 9 federal judge is the highest dilution mechanism. The three bodies are mutually independent, and mutual checks and balances, use to defend the America founding spirit. The major function of Congress for legislation, to amend the Constitution and decided to impeach the etc.. In addition to the main function of the Senate, specially the ratification of the treaty and the important officials appointed hearing and deliberating. Senate, house of representatives are directly elected by voters states. States regardless of size, will be a senator in 2, a total of 100. The senatorial term is 6 years, every 2 years for the 1/3. Congressman is fixed at 435, produce according to state population elected. Laws are passed by the house of representatives must be, if there is a difference of opinion, will form a joint session of Congress to solve. The presidential term of 4 years, mainly by the two major political parties, the democratic and Republican candidates nominated by the first, and then the electoral college elected indirectly elected after. The president is the head of state, heads of government and commander in chief. Congress can only observe the impeachment proceedings under the constitution, the chief justice of the supreme court presided over the Senate passed, to recall the president. President of the Senate passed bill veto. If the Senate again by 2/3 majority, bill is still effective. USA Supreme Court judicial independence; the 9 permanent judges nominated by the president, with the consent of the Senate appointed.

   Two, the federal constitution is established in the national system of federal and state unified dual decentralization of principle. American court divided into federal system and state system. From the jurisdiction of the division of jurisdiction, the federal system of court matters are mainly: (1) by federal law, treaty or the state constitution and the Department for the so-called "federal question cases", including the Constitution by the Supreme Court of first instance or the case, as well as federal law by the Federal system of the exclusive jurisdiction of the courts of the case if the bankruptcy case, etc.. (2) the parties for different nationality or state of nationality and the Department for $10000 cases, the parties may decide to hear by the federal or state courts, but divorce cases except. (3) other federal court transferred case, and the origin of dual jurisdiction and federal and state parties to the federal court. Not included in the federal court exclusive jurisdiction of the cases, the state court may have jurisdiction, and some states have made clear. As for jurisdiction among the States, because the law is different, and there is something personal belongings, and points, so it is more USA law dispute, solve difficult problems. 50 states within the union are the Constitution and the laws themselves, but must not conflict with the federal constitution. The federal power mainly embodied in the diplomatic, defense, the currency, the federal budget, the total financial policy, international trade and interstate commerce, and states on education, health, welfare and taxation to enjoy greater autonomy. America federal constitution have accepted the state sovereignty principle, which states have legislative power, judicial power and administrative jurisdiction over all matters to the state and activity, even in certain circumstances, the people of the state in the behavior and activities, also have certain rights. But these makers also defines the powers of the state, it shall not have the legislative power of diplomacy and war, a unified position and principle and must obey the federal. In view of the differences in state history, culture, economy and population, the state has the rights to decide some affairs and activities, such as crime investigation etc.. Association and interaction between the federal law and state law is very complex: in some areas, applies only to federal law; in some areas, federal law and state law may apply. Speaking from the reality condition of subjective and objective, there is a conflict of interest between the federal and state, both sides struggled to expand their rights. This makes USA judicial system more perplexing. Future is a trend, more and more states rights which activities and affairs, is gradually incorporated into the framework of federal jurisdiction interpretation. For example, some important fields originally belonging to the state law range, like buying and selling and credit, is composed of 50 states at the same time to adopt a unified regulations to standardization of such activities, one of the most significant is the Uniform Commercial Code (UCC) approval and implementation. Dual separation of law on abortion laws can best embody the federal and state: pregnant women in the first 3 months, according to federal law on abortion are available in all States; in pregnant second to 3 months, whether can be legalized abortion is determined according to the state regulations; and in pregnancy third to 3 months, according to federal law, in all of the states have not legalized abortion. Generally speaking, there are two kinds of force in the USA arena, a democratic representative, trying to strengthen the federal power; another Republican representative, advocated the strengthening of state power.

   Three, the federal constitution is based on the double track system and the principle of judicial independence of the court system. America court system without interference of the legislative and executive branches, is divided into a set of national federal court system and state their own local court system. These two sets of system has the right to judicial review, can be accepted for federal and state laws, administrative regulations and administrative measures unconstitutional accusation. The Supreme Court has the power to determine America all regulations Congress or the legislature, legislative constitutionality, legitimacy and effectiveness. The jurisdiction of the federal courts are: (1) accept belongs to the federal law case; (2) accepted the plaintiff and the defendant belong to different states, the amount involved more than $50000 worth of the case. Among these, some matters of jurisdiction (Jurisdiction) belongs to the federal courts, there are also some is also belongs to the federal and state courts. Some decisions and behavior of federal administrative agencies such as shall be resolved through legal channels, by the federal court for trial. One of the most interesting case is USA 2000 presidential election, Gore and George W. Bush win or lose, such as the validity ballot problems, should ultimately rely on the state Supreme Court and the Federal Supreme Court to decide. More than 200 years of history American court system, compared with other fields, little seems to change. But with the development of society, especially the development of high technology, in recent decades have larger changes, such as a variety of audio-visual equipment and computer digital system into court. Compared with other countries, American miscarriages of justice is relatively less, judge corruption bribery relatively less. Americans dissatisfied with the court is mainly the procrastination or decision is made, the reason may be the judge unfair or lawyer is not strong.

   Four, the federal constitution is based on the principle that security system of civil rights. Unlike other countries American constitution, the constitution only emphasis on civil rights, almost no emphasis on the obligations of citizenship. The 10 amendment was originally called the bill of rights. The first amendment guarantee of civil religion, freedom of speech and press, and peaceful assembly and the right to petition the government. The second amendment guarantee citizens the right to own arms. The Third Amendment prohibits troops stationed in random. The fourth amendment to the judicial system more reasonable, its basic spirit is to prevent all totalitarian to innocent people against, specific aim is to prevent unreasonable search and seizure (Search and Seizure); if the judicial authorities to any suspects for search and seizure, must have enough evidence, the necessary and reasonable doubt. The fifth amendment, in addition to the grand jury indictment and trial, no major crime; ban repeat trial for the same offence, give each a people the right to counsel; detailed provisions for the protection of the litigation rights, maintain each person has not testify in oneself into the sin of power, all the provisions of the defendant you have the right to a fair trial (Due Process); to give each people the right to silence and the right to privacy, no one can in criminal cases, be forced to be a testimony of witness against himself, but prosecutors did not to the jury was told that because the guilty and not to testify in court. The provisions America sixth amendment to the constitution, the defendant has the right to require the case be speedy trial, the case can not be without delay; and the defendant has the right to attend the trial of the case, the court's trial, should be open to the public to participate in the. The Seventh Amendment guarantee relates to any value of more than $20 in civil cases (100 years ago, 20 yuan was probably the top hundred million today) case, a jury trial. The Eighth Amendment prohibits require excessive bail or excessive fines, and shall not impose cruel and unusual punishment. The Ninth Amendment specified in the Constitution and more people not enumerated in full rights. The Tenth Amendment proposed to retain more rights for the state and the people. Later, the Fourteenth Amendment further defined "fair trial" and "equal protection of the laws", and the principle is appended to the States, are clear: any state shall formulate and implement the deprivation of America civil rights or immunities law; in the absence of due process of law case, any state no person shall be deprived of life, liberty or property, shall not reject anyone deserved fair legal protection within their jurisdiction. Can say, America all other regulations of the people's interests are derived from the constitution. It should be particularly pointed out: the core spirit American constitution, one is to prevent government to oppress the people, two is to prevent the majority oppress the minority.

   Five, the federal constitution is based on the principle and system be concise and to the point. American federal constitution only 20 pages, literally, it is easy to understand, but between the lines, there is a profound humanistic spirit, the complex historical background, rich philosophical ideas and good social ideal. It does not seem to be "perfect", there is no end and meet all of the social conditions and needs, but it is the people's social practice and the development of civilization, providing full of imagination and expanding space. The 26 amendment to the additional in the main text and the amendment added, is the best proof.

 

Characteristics USA civil law

 

   American is civil litigation "superpower", there are nearly 100 million cases presenting court cases annually, is the first in the world. Civil cases involved in the field is much broader than the criminal case, can cover and contain everything. Can say, in addition to the criminal law, all other laws and regulations all belong to the category of civil law.

Like a criminal case, civil case is under the jurisdiction of the federal and state two. In addition, all cases involve the bankruptcy law, patent law, copyright law, immigration law, maritime law belong to federal court, jurisdiction, in all cases involving federal agencies are the federal jurisdiction; relating to marriage law cases belonging to the jurisdiction of the courts of the federal state, has no right to interfere.

   Civil law as private law, covers a wide range of. With the exception of a few states have civil code alone, in general, the so-called civil law includes many relevant property, contract, tort, inheritance and marriage and family law and precedent. The majority of states according to the old law, the fetus has the capacity for civil rights, but should be set for the property supervisor. Most states have reached the age of 18 citizens shall enjoy the behavior, not the age can live must contract, adults can unilaterally to terminate. The most fundamental principles of property law USA pursue capitalism, namely the inviolability of private property. The law of the law in the American various law is more complex. The definition and some standard originates from British feudal estate law, some property principle and modern capitalism are combined, and ownership, right of inheritance, the right to mortgage, right of pledge and lien are staggered, the formation of the law more complex. Due to the need of economic activity, USA property law pay more attention to the purchase of real estate registration procedures, need to go through many legal procedures to obtain property. Therefore, the property insurance system, to guarantee the interests include real estate mortgage and real estate mortgage. The majority of the state provisions on mortgage mortgagee secured mortgage interest, people still enjoy their legal rights, but there are still a few state regulations, legal property during the mortgage to the mortgagee in all, all the debts after property mortgage people. America also provides construction and repair of lien, the debtor does not repay debts previously, construction or repair person enjoys a security interest in the property.

   USA contract law is subject to English law influence, mainly is the case law, until the end of nineteenth Century, began to statute law establish some unified, mainly business. American states have their respective content of contract law, there are also differences. Even, the different contract, subject to different law. For example, real estate law property transaction contract for the states themselves, and labor contract is applicable to state their own labor regulations. America contract law only stresses on contracts, performance, termination, and compensation provisions invalid, and the content of the contract, and other forms of general principles. Generally speaking, contract law, including: (1) compulsory, the necessary conditions must abide by the party; (2) to add points, that is a party should bear the liability; (3) the rules of interpretation, namely when the contract terms are not clear, legal interpretation may be used in court. The states have all formulated parol evidence rule and law, but also on the sale of contract nearly with the Uniform Commercial Code coincide. In the part of the code, there are special provisions specifically applicable to the insurance agency, contract, etc.. American attention must be distinguished in written form and a non written form contract. The former includes contract, sales of more than $500 property contract, performance for more than 1 year contract, promise to transfer property in children were married at the time of the contract, and the heritage management commitment to their property to pay the debt contract. However, the contract can be partially performance or accept as a basis for the establishment of the contract, property to the buyer for repairs, immigration or pay part of the price as the basis for the establishment of. Non written form contract must have the contract caused by trading for content, so the donation can perform in fact, but not as contract formation, does not have the right of claim. Unlike the method, effect America admitted to third of the contract, and the third is to fulfill the request right.

   American tort law from the British law, the tort victims to obtain compensation and prosecution. America federal tort is no uniform legislation, the rules mainly in the state law. The jurisdiction of different states of tort are explained, the victim may in the legal theory of the emerging, persuaded the court to accept his statement, so as to establish the new tort cases. At the same time, the concept and principle of tort of old and outdated will be eliminated or improved. According to the law, judgment, USA territory of tort refers to the action: a party should be deliberate, improper or negligent act to suffer another negative financial responsibility. Generally speaking, the tort law American focus provisions effective legal remedies, intentional tort, negligence, products liability, vicarious liability, interference with business relations. Among them, intentional tort except hurt, British original occupation of property, such as illegal detention, increased intervention privacy (eavesdropping, unauthorized use of others' photos) and the production of dangerous goods and other new types of. The tort of negligence must be negligence and the causality between the damage to liability, negligence and must be contrary to the duty of care, the size of professional qualification and behavior. In breach of contract damages, the victim may bring an action for breach or infringement litigation, but generally choose the latter, because the tort compensation, including the intangible damage. In view of the current USA litigation more and jury compensation for the actual amount of growing briskly, appeared the serious crisis America judicial system and economic development. In order to deal with the crisis, many states plan to related tort legislation reform, such as restrictions on the amount of compensation limit etc.. But more victims and law, fundamental rights requires appropriate compensation. At present, tort litigation claim procedures American relatively complex, litigation often delay for a long time, expensive, is not conducive to low income persons. Some states in order to simplify the litigation claim procedures, has begun to implement the so-called no fault liability, namely, do not have to prove the actor has fault, but also can get damages.

   Law of succession America relatively perfect in American the law. The law strictly stipulated the heritage supervision system: movable in the assigned to the successor before, must be handed in by the heritage supervision; property that can be directly transferred to the successor in theory, but also after a period of supervision. The law also specifies the supervisor appointed, permissions and reward. Heritage treatment often involves different state laws, property inheritance to apply property local regulations, personal property inheritance is applicable to the heirs of the final domicile regulations. Some states of statutory succession sequence and share a clear specification. Many states also provides that: in addition to pay off debts heritage, from the estate to their spouses and children to retain housing or a minimum support payments. Testamentary succession more stringent procedures, the majority of states are required to have 3 witnesses, the signature, the court registration is valid. Spouse property is divided into separate property, common property and the property of the three part, state laws have different regulations, legal problems often arise in succession.

   The marriage law, family law (Family Law), its content is very extensive. The federal no marriage law provisions, the States themselves. With the development of society, it is in constant evolution and improvement, to a certain extent also reflects the liberal and conservative wrestling, such as legalizing gay marriage problems. At present, the main specification of the marriage contract, marriage, invalid marriage, divorce and marriage asset allocation and alimony, child support, custody of the children. Most state to repeal the so-called "common law marriage", but does not recognize the binding force of law of marriage. The marriage law states, generally lists may request the divorce; the principle of the fault of one party, the new divorce law in California Prefecture in 1970 promulgated adopt affection principles, many states have followed suit, the likelihood of divorce greatly increase. Since there is no unified regulations, resulted in a divorce case jurisdiction act as one pleases. Such as the state of residence requirements before the divorce provisions not, property management principles are not the same, so often be quite different in different states of the verdict. Because divorce is generally subject matter jurisdiction, raise action for personal jurisdiction, to co management, so, this kind of case is often needed in different state judgment. From the actual situation, America states for marriage law case judgment, especially for the divorce case, compared to women's interests inclination.

 

Characteristics America commercial law

 

   The Uniform Commercial Code USA "" (Uniform Commercial Code, referred to as UCC) of the very extensive and complicated, very comprehensive regulations of various business relations and transactions. The code from the traditional norms and modern law two aspects together. Although almost all States in principle, the code into the framework of their own state law, but because of differences in interpretation and implementation, in handling a case, the scope of its effect is still a certain degree of different. This code aims to modern, concise and determine the way, will all kinds of business transactions to be standardized, so that the healthy development of economic activities more benign interaction. In some part of commercial law and civil law, America contain each other, such as contract law and property law. Commercial code specification the following relationship and behavior: trade in goods, the circulation of negotiable instruments, bank deposit and collection, transfer funds, credit, the whole batch of transfer, the property right certificate, bill of lading and other investment rights and secured transactions etc.. Some legal works, the antitrust law, labor law and other relevant laws and regulation, are also included in the scope of law.

 

Characteristics of Usa Inc law

 

   In America of every hue in a business organization, the company is the most common. Generally speaking, is under state jurisdiction, legal entity, the legal system about. Every state has its own corporate law, to regulate the operation and management of the state was founded, the company. Usually, the provisions of the companies law states: all affairs company to the company's articles of association and state specific regulations. Founded on a state law firm, can carry out business activities in other states and foreign. The company shall be determined by the general shareholders electing directors to business, and has the right to appoint a manager of company. In law, as an independent individual company, and its founder and owner are separate. Therefore, the organization can effectively protect the founder and owner, in order to avoid the personal affairs of the company (such as failure and bankruptcy) assume personal responsibility. This is the reason why the company as organization management form so attractive to investors. Company law in partnership with the corporate system is a kind of so-called partnership. Company law distinguish nonprofit groups and profit-making organizations. Non profit organizations, such as politics, science, religion, education, sports and other charitable organizations, their members not participating, their legal rights, obligations and taxation and profit of the business is different. Profit groups, funds, operation and management, have a strict provisions. In law, the board of directors and the board had no strict distinction. Countries had some intervention or support for the Multi-National Corporation, the parent company, cross industry joint venture can power.

 

Characteristics America bankruptcy law

 

   More than 200 years ago, USA began to make a bankruptcy law. The federal bankruptcy law. After that, USA Congress to meet the needs of economic development, and constantly improve the regulations. Bankruptcy law does not belong to the state law and federal law, the bankruptcy law applicable to America all special bankruptcy court. The bankruptcy case must be specifically responsible for hearing a bankruptcy judge. This judge is the complete bankruptcy application, follow the general legal process be appointed. The main content of bankruptcy law: allowing some credit the debtor can exempt the debts before filing for bankruptcy, the revival of the opportunity; orderly liquidation and reorganization of the debtor, so as to guarantee fair allocation to creditors. Bankruptcy law includes: how to run bankruptcy cases, the creditor protection and advocated that the creditor's rights, how to review the same debtor business success and failure, and what people can acquire assets allocation from the bankruptcy group etc.. Scope of application American bankruptcy law widely. The Bankruptcy Reform Act (Bankruptcy Reform Act) was passed in 1978, as the main body of a set of rules known as the bankruptcy code. In addition, the bankruptcy rules to provisions of the bankruptcy court, at the same time, the court may also apply to some local procedures. It points out that individuals or enterprises, creditors or debtors are put forward according to the specific situation in bankruptcy proceedings. There are four main types of litigation, namely formal bankruptcy proceedings, debt liquidation proceedings, employees or consumer bankruptcy proceedings and reorganization proceedings. Type the code, detail specification for the bankruptcy case: freeze, revocation, contract, creditor's rights, the right to purchase assets and bankruptcy group. One criticism of America bankruptcy code is: too much inclined to protect the debtor, and even let many people benefit from the bankruptcy.

 

USACharacteristics of intellectual property law

 

   Article I of the constitution America eighth pointed out: the Congress shall have power to...... In order to promote the science and art of progress and the protection of authors and inventors in a limited time to work or found to have exclusive rights. Intellectual property law America are based on the fundamental principles. Patent law, trademark law and copyright law are the three main contents American intellectual property law. USA Congress has developed a set of federal regulations and a nationwide special judicial system to protect patent rights (see America national regulations in Chapter thirty-fifth).

   USA Patent Law (Patent Law) formulation and implementation belongs only to the federal government, states may not be ultra vires. Federal policy on Patent Law clearly states: (1) to promote the new invention and provides incentives for inventors; (2) require the public correctly reveal the invention as a patent protection conditions, in order to relevant persons according to the application of this invention and improvement, in order to get development. When an inventor obtained the invention patent right, shows in America territory has the exclusive right to the invention. The "invention" of patent applications most of all patent applications, the duration of protection is for 17 years. After the time limit, the patent for the whole society to all, any person can free free application. What kind of method can get a patent? There are mainly two categories, namely: double P products (Products) and production process (Processes). Abstract the concept, theory and natural imagination is not the object of patent protection, because it itself is not a product, but also the manufacturing process. For example, as the theoretical framework or natural law of Einstein's general theory of relativity, would not be patentable. Requirements of the patent of two items: (1) must be one of the 5 categories of the patent law; (2) must satisfy all requirements of patentability things usually standard or utilitarian (Utility), novelty (Novelty) and non significant (Non-obviousness) elements. The 5 category called the patent law includes: (1) process; (2) machinery; (3) products; (4) the combination; (5) the improvement of these 4 kinds of. American patent law strictly regulate the patent application procedures, the implementation of patent product, patent infringement compensation, foreigners in America patent matters needing attention.

American Copyright Law (Copyright Law) is the federal, its purpose is to give authors to exclusive rights, to encourage writings and the purpose of creation and. As early as in 1790, American Congress has legislative protection of copyright, the current implementation is 1997 by the Copyright Act and its amendments. The bill system stipulated the copyright of crop and range of copyright, ownership and gift, copyright, copyright notice and registration deadline, copyright infringement and compensation, book production and imports, the copyright law and administration.

   USA Trademark Law (Trademark Law) provided by the dual federal and state, but also on the basis of the provisions of some common law. This is in order to protect the trademark use sales in the market or in the service of the goodwill, but also to protect consumers from the purchase of goods for the origin is not clear and the confusion and loss. The provisions of the trademark law trademark, brand strength, the types of trademark, trademark registration and access to some and trademark related regulations.

   In addition, but also to other forms of intellectual property America federal law makes provision, such as business secrets (Trade Secret) and the right of publicity (Right of Publicity).

   Generally speaking, America legal attempt to all human wisdom and spirit of creation to guarantee the rights and interests of the.

 

Characteristics America tax

 

   America tax is complete even complex, the annual tax has become one of the most headaches. The tax is generally divided into three stages: the federal tax, state tax and local tax. People make fun of to say, in the USA, everyone has two things eventually could not avoid, one is dead, the other is taxes. America bipartisan government tax cuts and tax issues rose to the highest level of political struggle. American citizens and residents to pay personal income tax, corporate and business to pay business income tax. Not only that, foreigners to engage in some economic activities and business behavior in USA territory, there are tax obligations. In other words, as long as it is America residents and Usa Inc, regardless of any income or income abroad, to tax; non America residents, only its income in American territory to tax. In this sense, quite relationship America tax and immigration law. According to the provisions of the immigration laws, once obtained the so-called green card, can be regarded as American residents to taxation. A foreigner, if in American territory 1 years cumulative residence for 183 days or 3 years back, according to the principle, has been in the USA residence for 183 days, according to America resident tax. Generally speaking, foreigners according to USA resident tax is more favorable, can enjoy certain tax concessions. Source of income tax are mainly individual wages, allowances, interest, interest, rent and stock assets right gold, transportation income, estate business income and other various by capital profits or service intelligence benefits etc.. In addition to the income tax, there is a strict tax, inheritance tax, gift tax, property tax, capital tax and vehicle tax and all kinds of tax.

 

Characteristics America immigration law

 

   The main consideration USA immigration law is: (1) increase the number of immigrants more; (2) increase the diversification of migration, namely improve that never to USA immigration immigration countries and regions; (3) increase can promote the development of productive forces America category, so as to adapt to the needs of business and economic activities. The new regulations show, in American overall national interests, as a set of perfect selection mechanism for immigrants. It increases the number of family immigration caps, greatly improve the employment immigration opportunities and a variety of channels, thus for multinational corporations in the Salon Exhibition provided a good space. It also enables the execution mechanism can be strengthened, but in the deportation of operating space is weaken. It dilutes some restrict entry of color in the last hundred years, more flexibility and tolerance. For example, unless the Secretary of state person to prove the applicant enters the USA would endanger the interests, otherwise, the entry America are no longer because of pure ideology or political belief is rejected. For example, the Chinese, Communist Party membership entry, there are actually significantly relaxed. However, the new regulations on the application for entry has been involved in serious crime, there are strict rules.

   Always want to America sightseeing, candidates or study, made by the America government approval, and the local USA consulate. Entry visa is divided into two categories: one is to allow the permanent residence visa; two is only for temporary residence or transit of non immigrant visa.

   Entry American immigrant visa, upon approval, may obtain certificate of foreign nationals, commonly known as the so-called green card. Green card holders can permanent residence in American. In the absence of domestication, in addition to not be given the election and be elected and the right to hold public office, with almost USA the equality of citizens, not restricted. Immigration quota visa has the different type and priority. America current immigration regulations, no racial and national discrimination, in addition to special immigrant relatives USA citizen and immigration law of the 101st visa no quota restrictions, 270000 people can get America immigrant visa each year around the world (not more than 170000 people in the eastern hemisphere, the Western Hemisphere must not exceed 120000 people).

   USA government to be fair, provided that each independent national annual immigration quota shall not be more than 20000 people, any colonial or foreign subsidiary area except the special immigration, the immigration quota year shall not be more than 600 people, at the same time, the new immigration law provisions of article 202nd and 20000 for each country the immigration quota, distribution according to as follows: (1) preferred ratio of not more than 20% of the total, the visa for USA citizens unmarried children (referring to those over 20 years of age), the amount of unused transferred to second priority applicant; (2) preferred not to exceed 20% of the total, the visa is a permanent residence spouse and unmarried children; (3) preferred not to exceed 10% of the total, the visa for special occupation personnel or science, arts have a special ability, will make American economic, culture and welfare to have the majority of beneficiaries; (4) preferred not to exceed 10% of the total, can enjoy the priority of the unused quotas before three, the object to married children America citizens and their spouses and children; (5) preferred not to exceed 24% of the total, and can enjoy the priority the unused quotas, the object is 21 years of age USA citizen's brothers and sisters and their spouses and children; (6) preferred not to exceed 10% of the total, the object of special occupation technical America shortage (approved America Labor Bureau); (7) priority shall not exceed 6% of the total, the object is because of race, religion or politics among different suffered oppression or are in danger of persecution he's fleeing refugees fleeing, or natural disaster, unable to return to their home life. In addition to the seven priority quota immigrant visa, there is also a non priority quota immigrant visa, can enjoy seven preferential visa quota above unused, who meet the conditions for immigration applications can register queue. In recent years, because the former seven priority visa quota is not used, the immigrant visa has been no quota status. In addition to the above quota immigrant visa, there are many kinds America not subject to quota restrictions on the number of immigrant visas, in accordance with the following qualifications as long as the applicant USA immigration or overseas consular officials approved request, you can get a visa. (1) American citizen spouse; (2) 21 years old American citizen parents; (3) the marriage to marry a foreigner and the loss of the original America nationality women; (4) during the two World War, losing its original USA nationality in American allies service; (5) religion the government recognized America priests or monks; (6) was born in USA age 20.

   The second category is the temporary residence or transit of non immigrant visa. Usually by the USA consulate visa period, depending on the individual conditions, from 3 months to 4 years, however, the validity of the visa period refers to itself, does not mean that you are allowed to America period of stay. For example, get 4 years of visa, the visa only that you can access American border in 4 years, as the period of stay, by immigration officials airport of entry depends on the individual to American purposes shall be subject to. This period also marked on a called 194 form, general sightseeing for 1 weeks to 6 months. Students or multinational companies overseas sales is the period of 1 years. In the period of time allowed 2 weeks before expiration, if there is a need for extension, can give reasons, submit an application for extension to the residence where the immigration. Students studying abroad or overseas extension application must attach School or company documents, each time the application fee is $10, the number of applications or.

   Some types of visas. A visa is a diplomatic and official visa. Among them: A1 senior officials to foreign governments, including ambassador, minister, diplomatic or consular officials, and their family members; A2 issued to foreign government officials or employees and their families in a lower position; A3 issued to foreign government officials (A1, A2) private employees and their families. The B visa is a business, tourism or visiting relatives visa. Where: B1 is short for business visitors, B2 is short for tourists and to visit relatives, the two visa, absolutely not allowed to employment in the America territory of work. The C visa is a transit visa. Where: C1 to plan American transit to other countries that the passengers passengers, just by America didn't intend to stay.; C2 to transit to United Nations Headquarters; C3 issued to foreign government officials and their families or private employees USA in transit. D visa is issued to USA international routes officer or crew. On the principle of holding this kind of visa, are not allowed to engage in business, tourism or visiting relatives and other activities in the American. This visa is usually composed of USA government recognised the airline or shipping companies on behalf of their staff to apply. E visa is issued to businessmen and the Treaty Treaty investor visa. Where: E1 issued a "treaty trader", namely the Foreign Company sent to the America staff branch or office of the visa; E2 sent to the "treaty investor", commonly known as the so-called commercial investment visa. Here the so-called treaty, is a treaty, set between American government and foreign governments therefore, E1, E2 and USA applicant countries must have a trade treaty. The F visa is issued to the students and their spouses and young children's visa. Among them: F1 sent to the foreign student; F2 sent to the foreign student spouse and young children. The G visa is issued to an officer or employee of some international organizations visa, in addition, foreign government appointed to represent and dependents of such organizations or private employees are also included in this category.

   Such international organizations USA government approval of the United Nations Headquarters, the United Nations Educational and scientific organization, WHO, International Labour Organization, the International Monetary Fund, the World Meteorological Organization, the International Atomic Energy Agency, the international civil aviation organization, etc. more than 30 organizations. The H visa is permitted to engage in short-term work in America visa. Where: H1 to short-term workers with special skills, such as artists, technologists, entertainers, scholars, chef; H2 sent to USA in seasonal workers, applicants not to be outstanding ability, but must by employers to the labor bureau to obtain evidence, confirmed American citizens can not go for this the types of work, employing foreign workers will not pose a threat to USA labor employment and salary; H3 sent to American accept skill training. K visa is issued to the USA citizen fiance fiancee visa, and their children. Where: K1 to USA citizen fiance; K2 to obtain a visa K1 minor children (the application required to produce proof of the relationship with the K1 visa beneficiary). The L visa is issued to the transnational enterprise staff and their dependants visa. Where: L1 to foreign multinational companies stationed in American staff, application is required to request by the company; spouses and children L1 visa may also get an L2 visa.

   According to the clause of the constitution authorized Congress USA immigration and Naturalization law, immigration bureau is responsible for the review and recommendation, the right of approval and otherwise manipulated domestication courts. Qualified applicants are minor, via its parents act and incorporated into the domestication program, and foreigners Americans get married, if their children under the age of 16, and has the right of permanent residence American, when the parent domestication, children automatically receives a USA citizenship. If the parents are foreign, parents of any party to American naturalized citizens, children under the age of 16, also has America citizenship. Above 16 years old, has obtained the right of permanent residence of the child, must wait until the age of 18, and then to put forward to apply for naturalization. Who meet the following conditions may apply for naturalization: (1) the applicant must be 18 years of age; (2) the applicant must be approved in America permanent residence; (3) the applicant has in residence 5 years continuous USA (such as USA citizen spouse, can be in after 3 years of marriage, and the citizens apply for naturalization), and 5 years at least half the time actually live in the territory of the United States; (4) the last 6 months of the applicant in the continuous for 5 years, to live in the recursive application of the ground; (5) the applicant needs to understand the simple English words, and can read, write English phrase; (6) the applicant to know the degree of America history and political system, and believe that the constitutional principle American; (7) the applicant must have good character.

 

Characteristics American criminal law

 

   The main difference between criminal law and civil law American lies in: (1) criminal case the plaintiff is the government (sometimes is all people, because the government should represent the people, such as O.J. Simpson case is "the people of California to Simpson"), rather than private; civil plaintiff can not only for the government, but also for private; (2 criminal judgment) as "guilty" or "not guilty"; civil case verdict is "win" or "lose", "responsible" (Liable) or "not responsible" (Not liable); (3) criminal cases in the trial process, composed of a jury of 12 people we must form a consensus, or need to review; civil case in the trial process, the 12 members of the jury to the majority of 9:3 form opinions, can be finalized; (4) the defendant in a criminal provision may be enjoyed by the Fifth Amendment of the constitution of the right of silence, can appear in court to testify or answer any question to the people; in the case of the defendant may refuse to testify in court; (5) the defendant in a criminal case has no economic ability to hire a lawyer, can enjoy the Sixth Amendment rights, get the public defender (Public defender); in the case of the people must pay legal fees and court Fee (some but sometimes can get government funded legal aid department help); (6) the prosecution of criminal cases must be provided in the "beyond a reasonable doubt" (Prove beyond Reasonable Doubt) evidence, to prove that the defendant guilty; civil decision criterion is both of which side of the evidence more strong (Prove by a preponderance of evidence), or on the basis of a party evidence of more than 50%, then decision; (7) criminal judge more careful treatment of various kinds of evidence, not a violation of the fourth amendment and illegal search and grab (Unreasonable Search and Seizure) evidence; civil judge has great flexibility to choose the a variety of evidence hall; (8) all the defendant's criminal conviction are presumed innocent before in (Presumed innocent until proven guilty); civil case all defendants not relates to the presumption of innocence, because it is not a verdict of guilty or not guilty; (9) the results of guilty criminal who is in prison or even the death penalty, but also including fines; civil case lost is absolutely not in jail, only is the economic loss, unless it violates the injunction, and the civil case turn into criminal cases; (10) a criminal case The defendant may appeal (Appeal), the prosecution if v. defeat not appeal, nor on the same charges indicted again, otherwise it is double prosecution (Double Jeopardy); the plaintiff and the defendant in the case of people both parties can appeal again; (11) the scope of criminal case involving the narrower; civil case involving the field much; (12) criminal cases due to human freedom, may request the summary, it is priority; civil case only money, so the trial on the case; (13) after the verdict, the court is responsible for the strict enforcement of civil judgment; after, usually are not responsible for the execution of court. Criminal and civil trial can sometimes bring very puzzling results even make me on the spot. For example, rugby and visual double star Simpson's case, in the criminal trial were acquitted, but in the civil trial later but was found to be responsible.

America has no criminal code enacted in 1962, just announced a "standard" draft criminal code, for the legislative reference, but did not come into effect. Some states to develop state penal code based on English law. In twentieth Century 80 years, and half the states recognize common law crimes, even if the code states are often in the common law to explain the rules. Therefore, the state is very inconsistent definition of crime, punishment is uneven. The state legislature in other legislation (such as safety and labour legislation) specified in the crime; and often authorize some administrative organs in administrative regulations prescribed punishment, thus expanding the penalty area. States use the Indefinite Penalty or amplitude of punishment, is actually the sentence discretion authorize the execution of punishment. Many states still retain the death penalty, but seldom executed. Usually no limit states imprisonment, punishment can be as high as one hundred or two hundred years. Because the crime number increases, increasing rate of juvenile crime, prison, in recent years, the following trends: USA penalty reduction in the general crime, criminal law focus on juvenile crime and punishment, non custodial forms of various test.

   General general criminal judicial process is: (1) the crime scene evidence collection and look for witnesses; (2) locked the suspect; (3) the police court arrest warrant for arrest (Arrest); (4) justice, deception and bail (Booking, Arraignment and Bail); (5) plea negotiation (Plea Bargaining); (6) a misdemeanor and felony (Misdemeanor) (Felony) division; (7) choose the primary hearing (Preliminary Hearing) or grand jury hearing (Grand Jury Hearing); (8) jury selection; (9) the court trial (Trial); (10) closing argument (Closing Argument); (11 the jury's verdict) (Verdict); (12) the defendant appeal (Appeal).

   There is no sufficient evidence (Evidence), in criminal cases, can be said to be capable of the main criteria for deciding a case. Usually, during the trial, the prosecution argued both for defense on the evidence. The evidence is broadly divided into: circumstantial evidence, direct evidence, expert evidence and strengthen the evidence. If some evidence using illegal means to obtain, the judge refused to court, in the course of the trial will not mention, so they become the "pressure of the evidence" (Suppressed Evidence).

   In America California criminal law, criminal conviction after penalty is imprisonment, fines and probation. In recent years, the federal government and the states including California have adopted a so-called three strikes law (Three Strikes and Out): if someone has been convicted of the two, then, in its third and convicted in the case, no matter how small this crime, even if only stole some apples, too be sentenced to twenty or thirty years in prison. This approach has its own advantages and disadvantages: on the one hand, there is a certain degree of control of crime; on the other hand the prison overcrowding, increased the burden of taxpayers.

In America, even a variety of minor crime, will leave a case bottom, namely the criminal record, which affects a person's life. Therefore, in the acceptance of punishment, as far as possible to choose some leave no record types. Or by lawyer cleared some case bottom.

   "You have the right to remain silent; all of what you said in court as evidence against you; 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, the court will provide a public lawyer to defend you." This is a ruling from the American Federal Supreme Court, also make known to every family USA the Miranda warning (Miranda Warning). Unfortunately, most Chinese don't understand the USA constitutional rights, resulting in the abuse of police power, subject to unfair treatment. Therefore, to fully understand the security USA constitution and USA proper criminal procedure, will ensure that once the incident, can more effectively protect themselves. Generally speaking, when the police believe the evidence is sufficient, will be submitted to the administrative judge for a warrant. When officers hold the arrest warrant arrest, or when on duty found guilty of crimes and the emergency detention, they must provide the Meilan to relevant objects up to warnings. In this case, the most effective self protection is the use of his right to remain silent, do not answer any questions, and immediately call the lawyers. The police are often eager to solve crimes, and to collect all possible as evidence of confession, and may distort the arrested state, therefore, before seeing his lawyer, do not with anyone about his case. Chinese new immigrants must notice, since September 30, 1996, American immigration law to some immigrants in the America domestic criminal strict restrictions, if illegal or because the reasons for new immigrants were not hired criminal defense lawyers for their rights, the trial results are likely to affect the future of to apply for a green card and citizenship.

   Bail (Bail Bond) problem is worthy of notice, it is used to the court as a mortgage, so as to ensure that the defendant will bail to appear or trial. The judge in deciding whether to grant bail or bail amount, severity usually consider criminal record, the case was released on bail and escape the possibility of. The defense lawyer may apply to a judge for a try to reduce the amount of bail, probably due to the escape probability is very small, but the exemptions from the requirements of bail. Of course, the judge can refuse to reduce the bail requirements, or simply refused to the defendant's request for bail. If not released on bail, according to the law the defendant was arrested 48 hours (excluding weekends and holidays) must appear in the. Crime can be divided into general misdemeanor and felony (Misdemeanor) (Felony) two. The former is often a lesser degree of crime, sentence a maximum 1 years; the latter is often more severe, longer sentences. The State Council Legislative means often use a regulations, define a felony and misdemeanor. Misdemeanor cases in local courts can be almost complete the trial, but the felony must precede the local court arraignment and trial. If the local court that prosecutors have reasonable evidence and the defendant may crimes suspects, will move the case to the high court. Once the case to the high court, it must be through the arraignment, pretrial conference and the jury trial of due process of law.

USA Constitution gives all the defendants have the right to request a "fair trial" (Due Process). This program includes: the defendant has the right to informed in a reasonable time charges, and a full and fair opportunity to defend himself; has the right to hire a lawyer to defend himself; has the right to judge and jury to decide the case, and the opportunity to provide their own statement in court; a the right not to be police torture or forced to confess; have the right to question and cross all the witness against the defendant. If the case in a large exposure, which may affect the jury, the defendant has the right to require the transfer case to the field trial. Of all the criminal cases, prosecutors must provide enough evidence, and can confirm that the accused is guilty "beyond reasonable doubt" (Beyond A Reasonable Doubt). In other words, the jury returned a verdict of guilty, the defendant is guilty, not based on the reasonable doubt. If they provide evidence that the prosecution failed to achieve the above standard, the jury will find the defendant not guilty. This standard strictly and civil litigation is not the same, because in civil litigation, the defendant as long as sufficient evidence (Preponderance of Evidence) can be ruled. Many cases are often because the defendant has no economic ability to hire lawyers argued to the jury, or what is wrong, and reached an out of court settlement with the prosecution's agreement. But, if the accused is not USA citizens, in an agreement with prosecutors, must take into account their own subscription charges will affect future immigration problem. The provisions of the new law implemented in 1996, non USA citizen, served jail sentence for more than 1 years, in the jail sentence after the end, were handed over to immigration authorities deported. Many criminal record, will lead to the immigration deported, or rejected the application for adjustment of status or citizenship when fate. Therefore, in handling criminal cases, new immigrants to be careful.

 

Characteristics American procedure law

 

   The lawsuit, Chinese called a lawsuit, but the most common legal procedures. For Americans, through the courts to settle disputes, litigation is the most natural thing in the world. Like Britain, also stressed that a party defense system USA Justice (Adversarial System), the court based trust, action both by lawyers as agents, with the greatest wisdom and determination to defend their respective parties. The judge's function is to the best of their wisdom and knowledge, in accordance with the rules of the game, the game and the impartiality of the legal defense. USA civil procedure similar to debate and British law, heard, such as infringement litigation, litigation, the jury verdict, finally by the judge to judge. In a certain sense, criminal procedure and the British law be quite different, the main differences are: (1) the constitution principle to guarantee the rights of the defendants; (2) a ruling in some states take the jury system; (3) illegally seized evidence shall not be adopted; (4) determine the "debate" Trading (Plea Bargaining) the rationality and feasibility of the method.

   Usually, USA civil lawsuit procedure is: according to the nature and severity of the case, to file a complaint to a court (Complaint), and then press the complaint procedures transmitted to the defendant; the defendant must plead in the court within the same time, otherwise it is abstained, and if the waiver, is equivalent to let the judge only know the story, and meet on the unilateral requirements; the defense, then both sides started preparing for trial and comprehensive investigation, verification, protocol and negotiation. From the perspective of practice, the vast majority of civil lawsuit can negotiate the transaction (Negotiation) way, reached an out of court settlement (Settlement). This way even if not successful, can also take the arbitration (Arbitration) and intermediate (Mediation) mode. Only after all the various ways to fail, the case will be by a judge or jury trial and judgment (Verdict).

Divided into formal court trial court America's (Trial Court) and the court of appeal (Appeal Court) two. The funny thing is, because of the civil litigation case too much, so that to hearing, the need to queue up for several years, as a result, in recent years, some states American for-profit so-called rent Tribunal (Rent-a-Court) and rental (Rent-a-Judge) emerge as the times require the judge. Then there is: if the parties agree through consultation, can lease a "judge" and a "court" of the situation. These "judge" is a retired or left the former judge, but the "court" is the clerk and equipped with various similar formal court some Legal Service Corporation to provide the place. Take as with normal court procedure for this "court", the biggest advantage is not to wait a few years, defect is expensive, but not necessarily fair.

   According to the USA judicial system, in addition to divorce, immigration and other special cases, the majority of cases the parties have the right to choose by a judge or jury trial. In civil litigation, the plaintiff and the defendant both sides can request a jury trial (Trial by Jury); in most criminal cases, the defendant has the right to ask the jury to decide. The jury is generated by randomly selected community, any USA citizens have the rights and obligations of a jury. But in practice, the jurors are selected by lawyers for both sides is considered to be the least biased or opinion of ordinary people, such as housewives, retirees, blue collar workers, and a high degree of culture, high social status, fame is not necessarily selected. The jury's function is quite important, even plays a decisive role, and thus become the judgment evidence. The jury is composed of 12 members, in addition, there may be 12 alternate members. Most states require all the jurors agree to the defendant guilty case returned a verdict of guilty. In the present jury system in California, as long as the 12 jurors have 1 or 1 people above the prosecution failed to provide evidence beyond reasonable doubt, causing suspense jury (Hung Jury) and lead to flow. In this case, if the prosecutor to review, the court will announce the defendant acquitted. The jury trial, according to witness testimony, evidence and all related files to determine the facts.

   According to some Chinese lawyers of the wise remark of an experienced person, in Losangeles county and southern California Chinese and non Chinese litigation, may choose the jury is more favorable. The reason is the minority ethnic Chinese in the United States is a minority of no political power at all, almost, in the political struggle in just some used chip, enabling a court will not incline to them. A judge elected or appointed by the governor in two ways, but whether the former or the latter, is a political deal results. Most countries in Western Europe, the court is an independence is very strong, and very high professional standards of the civil service career. But in the American, judges have often bipartisan fight or interest group against the results of a politician, resulting most judges is representative of certain interest groups, political very strong, the Chinese may find it difficult to have a special liking, because they do not have Chinese political debts. Compared with the judge, jury bias is relatively easy to master (Biases or Prejudices). American has a lot of free spirit, believe that support that justice spirit of the law in the back, would rather believe 12 amateur judge than a single professional judgment caused smaller possibility of failure. The lawyer can't ask personal background judicial experience, growth and other possible factors to the customer, but in the selection of jurors, lawyers can be reasonably "pest" procedures on the jury candidates (Debugging), removed from the list of some members of the jury considered not suitable candidates. The process of selecting jurors America cost taxpayers a lot of money. By random candidate selected by the parties to the court lawyers and judges. Lawyers for both sides in the jury selection, there are two kinds of elimination, eliminate "with reason (Challenge for Cause)" or "no reason to reject (Peremptory Challenge)". The lawyers on both sides have equal choose power, so the plaintiff and defendant is equal. In theory, a lawyer may also apply for the withdrawal of judges, however, few people do. An experienced lawyer selected jury, should be more fair.

   Of course, the jury has significant limitations, some people even pessimistic that this system has derailed: (1) its members are almost composed of non professional does not know the law, may apply to regulations remain indifferent; (2) its members may be subjective values of good and evil and sympathy for the weak sense; (3) whose members are often confused by a be skilled in debate or use skills of lawyers and control; (4) whose members are often influenced by public opinion and the media; (5) its members may be influenced by their specific ethnic background; (6) a waste of taxpayers a lot money; (7) the judicial system is not efficiency; (8) even if the judicial process fair, but will not guarantee a fair trial results. For example: in the black king was beaten by 4 police officers in the case, the jury's verdict is ethnic factors, including 10 white, 1 Asian and 1 Latino; in the black star and star O.J. Simpson's double homicide, the jury's verdict also have ethnic factors, including 10 black, 1 white, 1 Hispanic; ruled that one of the world's largest oil company Kesakuo (Texaco) for a Dezhou jury $11000000000 mission, with hate big business sentiment; in McDonald's was Coffee scald lady from the jury decided there was $2000000 in damages, is some sympathy the mindset, etc.. Of course, in some cases, the court will be on the jury's verdict has been restricted, such as its ruling class clearly and provide evidence conflict, or determine the amount of compensation is not reasonable etc..

   The following is a Chinese lawyer Wu as a Chinese civil case retrial attorney, in Losangeles county court trial, the jury selection in favor of the whole process. He said, before the trial, first elected members of the jury, the jury members mainly from the retired people and government agencies, businesses of all sizes. "Generally speaking, in the county of Losangeles District, Asian jury likely in 12 accounted for 5 ~ 6, however, mostly Japanese and Filipino, rarely see chinese. The majority of Chinese for $5 a day job, can avoid to avoid." The jury in the Japanese, Mexican, Africa - each 2, the rest is white. White and the defendant with the Jewish people only 1. After Wu lawyers asked the man a few problems, think he is honest, it is not because of its and the same ethnicity and eliminate. Jury selection, the counsel for the plaintiff to hearing statements (Opening Statement), the plaintiff's case, let the jury hearing prepared, then the defendant lawyer statement. Then, the first witness. The defendant's lawyer rack sth. to testify, plaintiff lawyers argue the problem (Objection), or request eliminating the testimony of the witness. (Motion to Strike). The judges agreed on a question to refute, will say "Sustained", if not agreed to say "Overruled". As opposed to or by opponents of the judge's decision not to feel, may be required before the judge statement (Side Bar), the purpose is to avoid the jury, lest they misunderstood, the parties may cause damage. Some lawyers to jury trial unfamiliar, even loudly in front of the jury debate, which may be the judges to be in contempt of court (Contempt of Court). The witnesses testimony, the defendant lawyer cross examination (Cross-Examination), trying to pick holes in the testimony of witnesses, deletion or stultify oneself place, in order to weaken its credibility (Credibility). Credibility is the ultimate problem (Issue), because both sides feel justified, will check evidence of both parties at court, the jury actually believe what? The witnesses content, attitude, mood, emotion, is honest nature, or mince words, will affect the credibility. After the lawyer cross examination, the counsel for the plaintiff can ask (Re-Direct Examination), in order to remedy the damage caused by the defendant lawyer or clarify the problem. After the counsel for the plaintiff asked again, the defendant's lawyer can then cross (Re-Cross Examination). This process can be repeated until the judge that can stop, or two party law that there is no need to continue. All the witnesses testimony, the defendant witness appearance. If the process of jury for urgent request to leave, after the judge granted, uncollected by one of the two member jury bench. Witnesses to testify in the both sides after the end of the debate, (Closing Argument) on the day following the. The end of the debate the plaintiff lawyers began, followed by the defendant lawyer defense. The counsel for the plaintiff to the defendant lawyer defense response (Rebuttal), then the judge read the jury rule (Jury Instructions), asked the jury to exercise its functions according to the rule of law. After entering the court, the jury immediately next to the jury agreed chamber (Jury Deliberation Room), in the selected 1 Foreman (Jury Foreman), began to talk about the case. This discussion is completely confidential, any other person including judges, not to intervene and influence. The jury discussion, the bailiff (Bailiff) that is given a questionnaire, known as the "jury" (Jury Verdict). The verdict of the jury consists of two lawyers proposed by the judges verdict. The jury according to the above questions one one to answer, so that the plaintiff or the defendant conclusion. The jury agreed that the completion of trial results, by the judge appointed clerk. Criminal cases by the jury verdict only guilty or innocent (Guilty) (Not Guilty), usually by the jury foreman read. And civil litigation is a dissimilarity, the criminal defendant may refuse to testify, because America constitution guarantees everyone has not testify in oneself into the sin of right. The defendant shall not be so, otherwise there may be the judge as to contempt of court. The criminal defendant is important, because once the conviction, the defendant may want to jail and losing freedom, which in America than losing money much more serious. Therefore, the selection of the jury in the trial stage, the lawyer can number the jury asked questions and can eliminate all civil cases for more than. The purpose of doing so is to the plaintiff, defendant can as far as possible from the jury with stereotypes hurt.

   There are always two sides of a coin. Americans still see on the court, so that the procedure to abuse. Legal fees although expensive, but the lawyer in the civil lawsuit, especially the large amount of money to claim case, is generally the first to advance expenses, be in separate accounts according to the percentage of claim amount (Contingency Fee), but not paid in advance, the so-called "not be claims, free of charge". So, creates a "victim" culture phenomenon, such as the injured in the accident, injury accidents, quality accidents, medical malpractice, workers compensation, reputation damage and tort litigation, object is a big company, big group, there is a considerable part of the loser in the end by the insurance company claims. Many claim amount can be millions, even tens of millions of. The most noteworthy is the new arisen alleged sexual harassment, especially sexual harassment lawsuit to celebrities or rich, it can be said to be the sale gain ten thousand percent. As the accused Clinton of sexual harassment. Paula Jones said: "no matter the outcome, I can smell the smell of money!" (Either way I can smell money!!)