"The Twelfth Five Year Plan" clearly put forward to "fully implement the basic strategy of governing the country according to law, improve the socialist legal system with Chinese China, safeguard the legal authority, to promote administration according to law, impartial and honest law enforcement, strengthen legal education, form a good social atmosphere all science of law, accelerate the construction of a socialist country under the rule of law." As everyone knows the legal system is the basis and pillar of social development, the relationship between law and social and economic development is without the skin, hair stand dependence. "The Twelfth Five Year Plan" of the rule of law emphasizes the sweep down irresistibly from a commanding height, an arrow in, encouraging reading for.

 

When it comes to the rule of law can not fail to mention the America. USA miracle in the world like a rise is a rule of law, safeguard the legal authority and administration according to law of typical; American society but also a good social atmosphere for everyone learn law abiding typical. Can say none of the two typical American no American today's powerful. But Chinese saying "water can carry a boat, can also capsize", in fact, were they not so? The legal system USA again in the course of its development become large, complex and have no bottom; at the same time America society everyone learn law has evolved into a person who take the law as the abnormal social atmosphere weapons profit. The two change is the formation of a control America social development especially the bottleneck of economic development, like the silkworms spin cocoons, each silk is the need of the social development of silk, spit, spit ah, finally it is tightly tied in a small world of myself.

 

Length of be confined to, the author from ordinary citizens and the perspective of consumers and business perspective focuses on USA legal system in a cocoon around oneself, become the bottleneck of the development of society and economy development bottleneck, a water "can also capsize". As for the America legal success and superiority, outstanding Chinese from Mr. Sun Zhongshan since the filled with enthusiasm to propaganda even at the cost of life, advocating and implementing advance wave upon wave, so the world for having heard it many times is not mentioned in this text. 

 

The historical origin and the characteristics of USA law

 

American law of Anglo American law system, common law (also calledThe Common Law System), and another law of continental law (actually refers to continental Europe, Britain is a island relatively speaking)(also known as the civil law systemThe Civil Law SystemFor maximum effect) and the two big legal systems the profound. The origin of the Anglo American law system (British lawThe English LawAs the rise of the great powers in the UK)18Century and19During the nineteenth century, the colonial expansion will also be every inch of the land and its legal system to the colony touch (including American), then the British legal system expansion is more flat expansion, which influence the regional; and19At the end of the century so far American rise as a century superpower "from ants to elephants," although the history is not long, but its great influence in the world political, economic and military aspects undoubtedly deepens the Anglo American influence in the world, especially the rise of globalization and network makes the boundaries become increasingly blurred, the Anglo American law system eventually become the legal system in the world's most influential, the Anglo American law system expansion is more depth of penetration.

 

The most common characteristics of Anglo American law system is particularly emphasize the continuity law, case law is the main form of. By the common people's words, the previous case has become an important reference and guide behind the case, can also be said that before the case itself into later cases and law as important or more important basis for trial. From this perspective, the common law judges not only application of law in trial, they are actually the founder and perfect legal. This is why in American business to suit particular attention There was no parallel in history., because the result is often the final case after case, is also widely quoted.

 

USA legal system by the different components, one of the most important ingredients or that the supreme is the constitution, any other law under which. A concept is most often heard in the America society is the "constitutional (Law)" (Constitutionality). The constitution of deep scope and extent in American far more than we do foreign immigrant's imagination and understanding. For example Obama by Democrats in the Senate and house of Representatives passed most forces persist in wilfully and arbitrarily health care reform bill was USA multiple local courts, which is according to the lawIn the case of forced Americans to buy health insurance provision unconstitutional. That is to say the Constitution in American is not just a superior's supreme law, it can directly affect people's work, life and social and economic development. So American people's constitutional consciousness is very strong, especially good at using the constitution to protect themselves. Your government decided not count, the president said it doesn't count, congressional legislation also doesn't count, because you "unconstitutional" (Unconstitutionality).

 

USA lawyer innumerable

 

A major feature of the USA of rule of law is law, this point number can have a law degree from USA in congress Congress (or catch a glimpse of111China) as an example,435Members of the house of Representatives has168A law degree (38.6%);100The senator has57A law degree57%.. American government lawyers can, as we are familiar with the president Obama, Vice President Biden, Secretary of state Hilary, and former president Clinton is a lawyer before entering politics. So in the American law governing live up to one's name become a lawyer, lawyer of self-evident.

 

So American how many lawyers? About115Million, that is to say the average265Americans have a lawyer! American lawyer about the world of the total number of lawyers70%, absolute ranking first in the world. In USA, an average annual salary of lawyer partners in17Million dollars, in New York Manhattan where the lawyer earning millions of dollars is not what strange things. Political hot influential man, in real life, attractive salaries plus TV dramas and news of the eye-catching, the limelight lawyer lawyer become USA University selling makes popular professional does not fade. Although American lawyer has been overcrowded, the ranks of the unemployed are lawyers, but people want to cut someone. Every year there are about10Million university graduates enter oneself for an examination the scramble for law school (for law school in American as graduate school, to university after graduation), every year about4Thousands of law school graduates to join the lawyer industry!

 

I got to the American abroad once by the above various factors (especially the influence of TV Series), ready to enter oneself for an examination the school of law. A student is responsible for the foreign student's GuAsked Mrs. Hughes and I are friends, she knew my idea to call a spade a spade remarked contemptuously: "law stem what? When a lawyer? Have you heard about the lawyer joke -When asked in a medical college for experiments with mice not take what instead, Americans speak with answer using lawyers instead of!" Perhaps for the absolute trust on Mrs. Hughes, I just a strange combination of circumstances to change the international trade and the attorney this occupation career just miss the person or opportunity.

 

Although the legal system from the American British vestments bowl, but the lawyer flooding and frequently on the court USA is green in the blue and blue. I often deal with British companies, they

Americans often ask a lawyer's behavior is not to regard it as right, can feel that "we Chinese will often interact with them, and they" values. This point can be seen from the population and the proportion of lawyers: in Britain about15Thousands of lawyers, namely each400British people haveA lawyer, and American than it is a pale into insignificance by comparison.

 

The law is bigger than the human rights and ethics

 

Is not only a legal society, of course, the law is above all. This in itself be without rebuke in front, is the pursuit of modern society legal equality as a necessary condition. But the history of legal protection often deviate from the justice, fairness, condemnation and punishment unreasonable social function in the opposite direction. So in the legal profession and the "unjust law is not a real law" such words (An unjust law is not a true law). Of course, the core of this sentence is said the original intention and the substantive law, but too much in America this "law" is not reasonable, in the rule of law society, law is more than reason, the law, the protection of such a law would also exactly is the unreasonable old East west.

 

The oldest, the most unreasonable, most be brutal and inhuman and does not conform to the laws of humanity should be for hundreds of years in the USA slavery laws. Although the slave in the early16Century to the American continent, but will have a slave state is to1641Massa Chusetts took the lead through the legal precedent, other colonies as follow, pro slavery eventually become USA historyThe most thing of shame; ironically1654Virginia in the "everyone is equal before the law" principle through the black can also have the slave laws;1664Years of Maryland passed a law forbidding the white women and black men to marry, the same year the state by law all the Negro slave terminal biochemical (before this, there is often a period, usually10Years).

 

1776Years America independent, a year after Vermont Jai passed laws to abolish slavery.1790Years American made the first ever census, this not only to400The new national million people have70Million slaves!1852Years of slaveryUnder the miserable life as the theme of the novel "Uncle TomTert hut "one year after the publication of record sales30Million copies of the miracle, a sensation throughout the USA, shook the whole society, should say this time USA social values have changed dramatically, but the slave trade and slavery in many places are still legal existence.1861-1865Years of American civil war, also known as the civil war is a war on slavery, a short span of four years60Million people died. During the USA politician, great, then USA President Lincoln1863New year's day announced the rebel southern region of the slaves free, the responsive declaration to overturn the foundation of southern rebels, war to represent justice, advocate the abolition of the victory in the north end, young America also avoid the fragmentation of the country.1865Years USA through the constitutional article13Ci Xiuzheng, complete abolition. Thus, in the USA land legally owned slaves for224Years, has left deep imprints.

 

The law is being abused -Ridiculous lawsuits beyond count

 

Americans spend the money on the world's first lawsuit, the most interesting is that Americans are known to the world as love cars, but they spend in court money than they used to buy a new car for the money.2002Years of litigation case1600Million,10Years later, today's digital can make nothing of it but one can imagine.2003Years of data show that the lawyer as their plaintiffs win400Billions of dollars in compensation.

 

Like "which came first, the chicken or the egg" the solution doesn't open the mystery, people often is caused by too much more or the lawyer lawsuit case too much makes lawyers to fight the debateAt. There is no dispute is American is best in human history (litigious societyThe most litigious society in the course of all human history).

 

A last resort here lawsuit is not as a dispute resolution, which is often used as the first method. A joke said Americans even can engage in a lawsuit in the hat off, do not think that jokes aside, it is not so serious. The fact is also can cause the lawsuit than hat fell to the ground and not worth mentioning. My wife is in2001Years and2010Years had two times in the area was walking the neighbour's dog rushed out and frightened. It is interesting to our neighbors after the other in the process of home comfort we give advice and suggestions, let we sued the dog neighbor! My wife and I was puzzled, frightened is not fast, but for such a thing and not bow to see the rise of neighbor lawsuit, value? We selected the peace Chinese way.2001That we live in the Bermingham,2010In Dallas, not only for the first time in ten years, and the city and the environment are very different, but the first reaction is American neighbor completely consistent-Tell him! The Americans good lawsuit is a kind of culture is remarkable.

 

It is precisely this lawsuit culture leads to American lawsuit disaster caused by flooding water, has become the bottleneck of social and economic development. Some use to describe the case be a wild legend can be said to a proper extent, such as: America of patients in a hospital was raped. Who the prosecution? Of course is the patient sued the rapist, right? Of course, don't forget to add a lawsuit against the hospital due to security measures of dereliction of duty! Wrong! Who deserve one's punishment sentenced for rape10The rapist sued the hospital dereliction of duty, said because the hospital security measures that had caused him to be an easy job to improper crime success, so the claim for compensation200Wan Meijin (see his buddy is beautiful). God bless you, the judge ignored his chi!

 

USA "Budweiser" brand brewer Anheuser Busch-The Bush Corp that had been a drinking buddy, Sue, the reason is this company advertising in an exquisite scenery of tropical mood let two delivery "Budweiser" beer man met a godlike beauty and his amorous feelings, flirt with dial up. The man allegedly said beer company's advertising is false advertising, because he often drink "Budweiser" but did not meet beauty no more romance, he as consumers not only in physiology but also psychologically hurt, also suffered a near1Million dollars in economic losses (whether because of alcohol can not work without 

Have known), so every day250Yuan compensation! Thank one's stars, the judge did not drink is awake, the court sentenced Hayes-Bush Corp won.

 

2005Years with "great America pants case" caused a sensation in the world: the individual judge a Washington D.C. sued a Korean immigrants opened laundries, reason is the laundry lost his trousers! How much is the amount of the claim?6700Million dollars! The judge told the people, especially migrant people, of course, scary. The poor immigrants has agreed to compensation from3000Dollar rose to4600The dollar and the12000The dollar. However, the judge will be blinded by lust for money only claim to5400Million dollars. The lawsuit caused by repeated appeals, a condemnation of world opinion, until2009Years3Month, the case is with greedy judges depleted appeal means completely lost

The end, which lasted four years, the cost of social resources are many, not to mention the Korean immigrants are spiritual and economic losses, the man will this experience called "American nightmare", to taunt people often say "America dream".

 

Several case above although justice, reasonable maintenance, greedy to be curbed, but people can not help but ask, why is there such a lawsuit culture? The answer is very simple, the legal system USA in a cocoon around oneself to encourage such behavior.Another important reason why this kind of culture is in the America plaintiff and defendant their legal fees (and Europe mostly losers burden fees), gambling behavior so a lawsuit has evolved into the lottery like.

 

The fight against commercial in the name of protecting consumers

 

In the name of protecting consumers, USA federal law such as cattle, weaving a huge spider web like network. According to the Small Business Administration (AmericaSmall Business Administration) data, various provisions are only USA federal agency makes American business to undertake every year2Trillion dollars.An example of this is the most convincing:2008America by a Consumer Protection Act (CPSIA), the amount of lead in children's products from300Millions of units down to100Million units (100 ppm lead Content limit).At the moment when the law takes effect, businessCommunity have Voices of discontent., many enterprises signed a letter criticizing such provisions in force now not actually strengthen the protection of children's safety, but also Born Under A Bad Sign, is a head-on blow to difficult recovery in the economy and enterprise and employment. Precisely because of this kind of innumerable Consumer Protection Act makes business day to be very careful, trembling with fear, I do not know which day was consumers to court.

 

That was much raise a Babel of criticism of the old lady was hot Coffee scald sued McDonald's case (Liebeck v. McDonald's Restaurants)A great impact on the business sector. The case is simple: the79Old lady bought a cup of value in McDonald's49Heat Coffee cents, inadvertently Coffee splash caused three degree burns on his body, the hospital had8Day, had to be nearly two years after dischargeTreatment. The old lady's lawyer said McDonald's Coffee too hot so hurt, absurd? But the jury award for McDonald's Corp80%Responsibility, the old lady has20%Responsibility, so the McDonald's Corp shall compensate the old lady286Million dollars. Award a Public opinion is seething with indignation., attracted the attention of the whole world. The judge may feel too far, the amount is reduced to64Million dollars. Finally in the McDonald's appeal before the two sides to reach agreement on the amount of compensation, but compensationThe final number is not known to the world.

 

I had encountered such a case in the Office Depot at work: a consumer in the shop sit in an office chair accidentally fell on the floor, resulting in a slight fracture. She sued the US store dereliction of duty, not to create a safe shopping environment (how to build? Your chair is not careful, in the home also will fall, right?). The company later5Million out of court settlement with her close, I ask the legal department when we rational, why to lose her5A million dollars? The legal department of the answer is the case on who wins can make nothing of it, but the light is a lawyer fees will easily be up to a few hundred thousand dollars or even millions of dollars, but involves the company of manpower and energy is unable to estimate, not to mention in today's online world a dissatisfied consumers may bring to the company brand and the visibility of intangible assets impairment.5Million dollars for a sales120Large companies billions of dollars is too cheap, the injured consumers certainly is pie in the sky to the satisfaction of all, what is there against it? I was terrified, it isAmerica legal environment such as Usa IncEconomic efficiency decides all attitude grow and indulged America excessive litigation business environment, and this is precisely the American business suffered, cherish an undying, who?

 

The law in the name of human rights protection against commercial

 

In the most common case is the USA business employees sued the employer, the basic social atmosphere of course is to protect human rights laws, like lawyers, many employees want to be rich. BeautyThe Supreme Court in this year6Month20WAL-MART representatives ruled together160Million women gender discrimination class action lawsuit is invalid. The focus is on women accused WAL-MART executive gender discrimination in promotion and a raise in the process of policy. The ruling was seen as WAL-MART and business success, because according to the case law America legal system mentioned above, this ruling will be used as a basis for judgment of similar cases in the future. If WAL-MART loses, not only the amount of compensation up to hundreds of billions of dollars, and similar case will come one after another.

 

But the end, no end of trouble for the future. Because the Supreme Court's ruling is that there is no evidence to prove that WAL-MART as a company fully implement gender discrimination policy. But there is strong evidence that gender discrimination as a case does exist, so that employees can personally sue. Two leading figures in fact the collective lawsuit has decided to continue to take the case to the name of the individual play. And on behalf of the lawyer has threatened to consider in the name of the individual case, the case will be tens of thousands of! Think of the law, in such an atmosphere of entrepreneurial mindset! To tell the truth, the Supreme Court can only say that there is no adding fuel to the flames, but American intensified employees to employers case wave remain unchanged.

 

According to statistics, as of2004Years, American each year about8More than 10000 cases employees are suing employers. This figure in recent years unabated. Each people in favor of the average amount of compensation case50Million dollars, and it doesn't include the average67Million in penalties, employers need to pay legal fees and other litigation costs. Can say, the staff is enterprise American killer in litigation. 

 

I remember my first company in America serving boss once employees against racial discrimination case to be used up, and finally had to settle out of court settlement. He and I in a chat said: "this life the biggest wish is to safely do business, most afraid of is that does not know which day was to be chained and thrown into prison!" A business owner is the fear of being sued and sent to prison? I was feeling rather shocked rather puzzled. But the later ten years I really experienced too many employees to employers case, always think the boss's words, always more deep understanding.

 

In American workplace we often say that the glass ceiling, it refers to the gender and racial discrimination, although can not see but feel, can even let you bump head broken and bleeding. As an Asian, I worked in USA business20For many years, the glass ceiling has deep experience. But I really don't agree with the litigation to win a promotion and the interests of their own. The law is not perfect, but the glass ceiling will not be secure against assault. I'd prefer to use the superhuman efforts and wisdom to prove himself.

 

The law is behind the times

 

Although the law is designed to protect and promote the development of society and economy, but when the law development lag behind the development of the society, it often becomes the restriction of social and economic development of clamping force.

 

The world's largest housing construction and repair materials chain "depot" (Home Depot) recently under investigation by the Justice Department America. Reason is very funny, "one of the photographs Home Depot" the company's website, America picture a team of soldiers grinning being unloaded from a truck from the "depot" to buy back the tools and other items. The description of the site is "the federal government money on 'Home Depot' use value (Federal dollars go farther at The Home Depot). But a judge in San Francisco found the company to sell to the government Chinese manufacturing products, in violation of the "buy" (American Goods ActThe Buy American Act), thus causing a Ministry of justice survey.   

 

What is the "buy American goods act"? This is a in1933Years passed, the vote of the members of both houses of Congress have100%Not in the world. The law aims to protect America employment, require that all for the establishment of public construction projects (government spending) materials and tools must be American manufacturing or was designated by the state license. During the Great Depression by such a law, leaving aside whether reasonable, at least we can say it or is understandable. But in the78Years after the baptism of globalization today actually according to this law to protect America employment reason to punish American store that is a big joke. I'm in NanjingA supplier specializing in the production of wave the flag, enterprises mister told me the best-selling products are exported America of America flag. But their flags to American neither government nor to America forces, precisely because the "buy goods is because American act".

 

In fact, USA chain is American few remaining labour intensive industries, is also creating the employment of large, punish them to protect jobs is to America legal stale and pedantic and American government according to the law of exquisite irony. Moreover, now the products it is difficult to say is in the country where it is made, China is often the last product assembly, barter times manufacturing concept is the out of date. This law is not only difficult, and no doubt increased the company operations difficult and government spending, the economic development of the harm is self-evident.

 

Readers do not think this is funny. American government when law enforcement but unambiguous. At the beginning of this year, a wholesaler American just because the China manufacturing products to American government fined625Million dollars. "Home" is the investigation of the case is caused widespread concern in the retail industry.

 

The law for political, legal balance weight imbalance in money

 

American politicians speak a word is the most commonly used "USA people ("American people), Republican, Democrat run in the same groove. In fact, almost all law serves politics, most bills struggle are the Republican and democratic ideology of weapons and focus contest.

 

To afford health care bill bipartisan ideological bucket is the "bill America patient protection the most typical and" (ThePatient Protection and Affordable Care Act). In force under Obama's presidency, Democrats used at that time in the majority in both houses of Congress to pass legislation despite Republican opposition.2010Years3Month23The day President Obama signed the bill. Although the bill is motivated to more Americans to provide health insurance, strategic draw further apart but it appears the time but with the Obama administration to stimulate the economy and create jobs. Why? Because the new law has greatly increased the company's welfare burden, causing them to add new employee have to look before you leap.

 

The new case of being a parliamentary debate whether to raise the debt ceiling USA highest law. In fact, the Republicans and the Democrats both know, if not raise will be on the social confidence (including investors, international society, consumers, business) to bring huge blow, there might even like the collapse of Lehman brothers triggered a financial crisis that cataclysmic. See to understand both sides of the debate, the more the more war Yong, the signs have not yet truce, watershed is still the ideology. At the same time, the international community concerns and commercial confusion but grow with each passing day.

 

America law as the money around is not what secret. Light is the federal lobbyists in Washington occupation publicly registered (Federal lobbyists) have17000Numerous. These people often itself is a lawyer, many in the highest echelons of government post, is the right center of Washington insider, a backhand cloud rain cover for the hand of power. They represent the interests of every hue, such as insurance companies, financial industry, petroleum industry, unions, consumer associations and so on, the relationship is perplexing, collusion, struggle, as are the legal way to get benefits for their own group.1998Years to2010Cost, insurance, finance and industry in the lobby of up to43A billion dollars, followed for health42Billion dollars, not including political contributions. In America, "since ancient times the Yamen Nankai, right Mo money coming in," the reality of laws is sure as a gun, balance weight is the money.An interesting survey showed that Americans to their national legal system extremely disappointed:

·        16%People believe that the legal system American would protect them are not irrational become entangled in litigation.

·        54%People don't believe that the legal system of the USA.

·        67%People believe that the litigious trend intensified in shu.

·        87% People believe that the unreasonable prosecution becomes too easy.

·        56%People believe that the legal system American should reform system of the.

·        87%People believe that the legal system was used to do USA lottery style speculative, people hope big color!

 

Reflections on history

 

China and the United States track in the world is the intersection of a history, Oriental culture and Western culture collision, the old empire and young Empire Confucius hostility and confrontation, the Analects of Confucius and Jesus and the Bible, on a dollar advocates and the multiple pursuit, to the interests of the collective and the individual value of the enthusiasm of fear, can is said to be quite distinct from each other, respectively. Between the two countries have mutual surprise, speculation in quite long time, hostility and mistrust. Only in the globalization tide of people began to ponder: why when the ancient Chinese empire in decline in its keep close at hom and in a cocoon around oneself200Years young American has completed the most rapid rise in history?

 

Thankfully China keep close at hom and in a cocoon around oneself has become history. Chinese this ancient civilization she started in the world of the rise again. In China economic completed the first phase of development, implement, improve, maintain, promote, strengthen, accelerate the construction of legal system of socialism is very important. The main index in "1025" period of economic and social development, from the GDP, urbanization law, nine years of compulsory education to the cultivated land, energy consumption and carbon dioxide reduction rate and unemployment rate and so on, without attachment without the need for legal this skin, care and support. At this moment the reference USA economic superpower in relying on the legal system governing experience and lessons of success and failure, it is very necessary and timely. 

 

2011Years7Month17In USA home in Dallas "no regrets" Hall Library