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代写英国essay范文(法律学专业)(2)

时间:2018-09-03 17:40来源:www.ukthesis.org 作者:英国论文网 点击联系客服: 客服:Damien

 
First, British and American countries are case law countries. The legal system of British and American countries and the legal system of mainland China belong to two different legal systems. The Anglo-American law system, also known as the common law system, has the tradition of precedents. Case law is its formal legal source, that is, the precedents of the superior court are binding on the lower court in the trial of similar cases. In the developed countries of Britain and the United States, there are a large number of cases, which the ordinary people cannot easily master, and they have to rely on professional lawyers for litigation and legal negotiation.
 
Second, the main defense system of British and American countries is confrontation system. On judicial system, in the judicial system design, the British and American countries the main defense system is the adversary system, also called "debate", which is using in civil cases and criminal cases of the public prosecutor and the defendant lawyer in a court of law against each other, put forward their own evidence, ask witnesses, questioning witnesses, on the basis of mutual debate, the judge chaired the hearing, and make a judgment on both sides debate and dissent, but not active investigation, only ACTS as a negative moderator role. It can be seen that in the UK and the us, dispute settlement cannot be achieved without lawyers, especially legal negotiation.

 
However, when it is introduced into China, whether the legal negotiation must involve lawyers, and whether our "legal negotiation" should be the same as that of the British and American countries, which requires lawyers to participate in legal negotiation. The author thinks that any negotiation based on law should be legal negotiation, not limited to lawyers' participation. Because our country is a written law country, ordinary people can find relevant legal regulations just like lawyers if they want to, and there is no need to look for legal basis in countless cases like common law countries.
 
Therefore, in the indigenization of "legal negotiation" in China, the author believes that the negotiation based on facts and with law as the criterion should belong to legal negotiation.
 
Legal negotiation is an act of out-of-court settlement with the ultimate aim of reaching a settlement agreement and negotiating an agreement. As negotiations to resolve the dispute by party law is not beyond the law free agreement between the parties, but on the premise of according to law, confirm the relevant legal fact, by the parties concerned or the agent, the use of legal knowledge and experience of litigation for a variety of possible consequences to conduct a comprehensive evaluation, and with the help of a personal action skills and negotiation skills and implementation of the game, eventually find interests balance, to achieve an optimal solutions to problems. With the development of non-litigation dispute settlement system, out-of-court settlement also rises and develops. Through legal negotiation, both parties measure their interests and find the best interest balance point in the negotiation process, so as to achieve the maximum win-win result in the sense of both parties. At present, ADR is being taken seriously by our country. Legal negotiations as an out-of-court settlement will also be taken seriously.(责任编辑:quanlei_cai)


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