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英国coursework代写:Describe the features of the Hong Kong Legal

时间:2019-07-09 14:06:47 来源:www.ukassignment.org 作者:未知 点击:10
Describe the features of the Hong Kong legal system which distinguish it from the legal system in China generally
描述香港法律制度的特点,区别于中国的法律制度。
《香港特别行政区法》的《基本法》被称为《香港特别行政区法院法》的中央法律条文,是香港特别行政区的司法机关。级别。行使《香港特别行政区管辖权》第一条规定设立香港特别行政区终审法院、高等法院、地方法院、法院等专门法院。《最高法院上诉法院和司法机关》的《基本法》是香港原住民法院组织制度的现状。只有两处变更,才成立终审法院,变更原法院的名称。由此可见,香港特别行政区法院制度与英美法系法院制度有所不同。此外,第二审是终审法院组织的制度,其原则与大陆不同,但在“一国两制”的条件下,具有法院组织制度的特点。
The fundamental law of the Hong Kong particular administrative region of the People's Republic of China from now on referred to as the central law article of the rules of "the Hong Kong special administrative region court is the judicial organ of the Hong Kong special administrative region at all levels.  To exercise the jurisdiction of the Hong Kong special administrative region." the first rule "to set up the court of final appeal of the Hong Kong special administrative region, the high court, district court, the courts and other special courts. The Supreme Court appeal court and judiciary of." the basic law of the above regulations are a Hong Kong original court organization system of the status quo. Only has two change it is the court of final appeal shall be established a change is made to the name of the original court. Thus it can be seen that the court system of the Hong Kong special administrative region, the court system is different from both British and American countries.  Also, the principle of the line is different from the mainland to buy the system whereby the second instance is final court organization, but under the condition of "one country, two systems" has the characteristics of court organization system.
(1)The court of final appeal终审法院
终审法院是在香港特别行政区享有最后一项权利设立的特别行政区设立的。最后审判是最后审判。例如,在两阶段两审中,第一审的判决可以上诉,第二审的审判是上诉,第二审的判决不能上诉,因此第二审是终局的。从这个意义上说,法院可以是终审法院。香港有一个最高法院,但英国法律规定,香港最高法院上诉法院的判决可以上诉到英国枢密院。也就是说,香港法院仍然是一个反对判决的法院。因此,香港最高法院没有最终管辖权,这意味着它不是终审法院,其最后一项权利属于伦敦枢密院。因此,伦敦枢密院有权裁决香港诉讼的最终审判,香港特别行政区的成立当然不属于英国。在“一国两制”方针的指导下,国家赋予香港特别行政区高度自治权,包括司法最终审判权。这就是说,案件的最后阶段,将在香港法院审理,在香港,而不必上诉北京。法院被称为香港终审法院在香港。
The court of final appeal is newly established in the special administrative region, which is established by the enjoyment of the last right of the Hong Kong special administrative region. The final trial is the final one. In a two-stage two-instance ", for example, for judgment of the first instance can appeal a lawsuit, trial of the second instance is the appeal, for the judgment of the second instance can't appeal, so the second instance is final. In this sense, the court can be a court of final appeal. There was a Supreme Court in Hong Kong, but the British law provides that the decision of the court of appeal of the Supreme Court of Hong Kong can be appealed to the privy council of the United Kingdom. That said, the Hong Kong court is still a court to appeal against its decision. Therefore, the Supreme Court of Hong Kong does not have the final jurisdiction, which means it is not a court of final appeal, and its last right belongs to the privy council of London. Therefore, the London Privy Council has the power to adjudicate the final trials of the Hong Kong lawsuit, and the establishment of the Hong Kong special administrative region, of course, does not belong to the UK. Under the guidance of the principle of "one country, two systems," the state grants the Hong Kong particular administrative region a high degree of autonomy, including the final adjudication of the judiciary. That is to say, a final stage of the case, which is to be tried in the courts of Hong Kong, is in Hong Kong, without having to appeal to Beijing. The court is named Hong Kong court of final appeal in Hong Kong.
The establishment of a court of final appeal in the Hong Kong particular administrative region shall be a final judgment on the granting of a final decision to the Hong Kong specific regulatory region for its handling of the litigation cases in the area, which cannot be appealed. But Hong Kong's court of final appeal cannot be called the Supreme Court. There is only one Supreme Court in a unified country. Enjoy including that of final adjudication as a Hong Kong court of final appeal, although, but it is still in the regional court in the national court system, it is all provinces, municipalities directly under the central government of the higher people's court, has a particular particularity. This particularity is manifested in the decision made by the court of final appeal in Hong Kong, which cannot be appealed.
(2) The high court
The high court of the Hong Kong particular administrative region corresponds to the original Supreme Court of Hong Kong. The original Supreme Court of Hong Kong, namely the office of the police, is made up of two parts, one for the court of first instance, the court of appeal, which is the appellate court. The judge is called by the division. Chief according to every department is the head of the Supreme Court, and court trial business and hr and administrative leaders at all levels, the Supreme Court and the court have no leadership at all levels, real administration is working on the chief according to examine
The division is an individual, so its status and functions are equivalent to the chief justice of the United Kingdom. The Supreme Court can hear all criminal cases. The original high court's adjudications are unlimited in both civil and criminal matters. The high court has. The name is according to the division. , according to a Hong Kong court regulations in the public aspect, in addition to the Supreme Court in the civil court trial amount outside the claim case of HK, also has the right to the trial on bankruptcy, liquidation, adoption, probate and psychiatric cases. It also accepts cases of appeal to the Labour Tribunal and the small money tribunal. In criminal matters, the claims of all public prosecutions and suits against the adjudication of the adjudication department are accepted. Significant criminal cases such as murder, manslaughter, rape. In cases where the armed actions and cases involving large quantities of drugs and sentences of more than one year are required, the high court shall be the court of original trial. The high court hears a criminal case, except for the judge, who is a group
A jury to participate in the trial, the judge makes decisions on legal issues, only the board are listening to the explanation of the law, a judge decides what fact, what the truth was, and then announced their verdict. That is to say, whether the defendant is guilty or not is determined by the jury. If the law stipulates that a prisoner can be sentenced to death, then all of the jurors' opinions must be unanimous in order to make this decision. In other cases, the jury can decide by a large majority. The original Supreme Court appellate court, also known as the appellate court, is Hong Kong's highest tribunal. The court of appeal is made up of the chief executive and an appellate court. It accepts all criminal requests from the high court, the local court, and the appellate case of the lands tribunal. It also ruled on legal issues submitted by lower courts. The same position on the bench with Britain, but the appeals court points to civil court and criminal court of appeal, the appeal of the Hong Kong public, criminal cases are focused on the Supreme Court of the appeals court trial. If the appellant is not satisfied with the decision of the court, he may appeal to the judicial committee of the privy council of London. The Hong Kong particular administrative region, which has a court of final appeal, cannot retain the name of the "Supreme Court," so it is referred to as the high court, but it still sets up the appellate court and the court of the first instance.
 
(3) The district court
The district court of the particular administrative region corresponds to the original local jurisdiction of Hong Kong. Hong Kong's in-situ method was established in the year, which is a higher level than the umpire, lower than the intermediate court of the Supreme Court. The Hong Kong district court is similar to the British high court and the royal criminal court. Local courts in Hong Kong have limited judicial powers in criminal matters. Civil cases are often the contract disputes, the infringement and the collection of the application. It has jurisdiction over claims of no more than 10,000 yuan, as well as a case of land disputes that should not exceed 10,000 yuan per year. In the case of any of the payments as mentioned above, the local court shall transfer to the high court. The district court did not accept other civil cases, including divorce. Regarding criminal, the district court to sentence a right of revising criminal cases within the year, however, for severe criminal cases, such as murder, manslaughter and significant FanDuAn, the high court. The district court hears the case without a juror. The court may appeal against the decision of the local judge. The particular administrative region shall establish a regional bench to replace the original local court.#p#分页标题#e#
From a practical point of view, the superior court's guidance to lower courts is necessary. Supervisor specification definition of the court is primarily a paragraph 2 of article 127 of the constitution regulation: "the supreme people's court supervision and local people's courts at various levels and special people's court's judicial work. The higher people's court supervision and the judgment of the people's court at a lower level." Article 16, paragraph 2, of the constitution of the people's court, stipulates: "the judicial work of a lower people's court shall be supervised by a higher people's court." So-called supervision is the supervisor through legal and proper means, and at a reasonable program corrections or correct the supervisee wrongdoing, and cannot replace arranged, order correction, supervisors can also put forward opinions and Suggestions to the supervisee. It is not the performance of the leader relations that the supervisor performs his duties according to law and does not need to be asked to supervise the supervisor in the course of action, but not to obey the supervisor's orders.
Court at the level of a mixture between case-hearing level supervision and management, operational guidance, trial, JiangPing assessment, learning, training, ZhengYuan trial business relationship and control, leadership and management relations are intertwined at different levels. "The several opinions" is a professional involved in the subordinate court business relationship of judicial documents, look at the provisions stated, the auxiliary court business relationship includes two aspects of supervision and guidance.
First, the upper and lower courts supervise the relationship. What is a review relationship? Means for appeal, retrial, approval, be given a mitigated punishment of death penalty associated with a case-hearing level structure such as trial system, is according to the procedures set by the trial supervision, is a normalized and institutionalized and stylized supervisor court business relationship.
The law provides that the superior court can only supervise the cases through trial or trial supervision procedures, and it is the supervision of the fact, and the law does not prescribe other forms of surveillance. The characteristics of the relationship of the trial level mainly include: first, the relation of the trial level is corresponding to the trial level system, which refers to the relationship between the trial supervision and supervision. Second, the procedural rigor of the relationship of the trial level is top. It is mainly through the legal system of appeals and trial supervision procedures to realize the relationship between the supervision and supervision. Third, the relationship between the trial levels is presented with the unity of a kind of top-down guidance and control.
Second, the trial business guidance relationship is. According to the different functions of four levels of courts, the law case, making the judicial explanation or normative documents, issued a guidance or reference case, a trial business meeting; organize training such as the business guidance from a judge. In back to fact, for example, after an of the same type of appeal, then issue different referees as a result, due to the lack of communication with the intermediate people's court.  The case the parties to the case processing effect, established the "send to exchange system case," grass-roots court after receiving medium court sentence case. Sponsored by the judge to then issued by the retrial of the case, then feedback by an office of trial quality, and the active management to the intermediate people's court trial mass effect management office, to avoid the connection with different results.
Third, the relationship of trial management is enhanced. How does a superior court administer a lower court? Mainly through target evaluation, individual review (including case review, instrument review), trial observation, etc. In many jurisdictions, the evaluation methods and indicators of the supreme people's court have been established to assess or assess the system of assessment or assessment of the authority. Evaluation system itself plays an execution work direction guidance role for judgment, but from the supreme people's court to the people's courts at various levels, adopted by the method is similar to the layer style of management style, such as top down to the lower people it based on the trial business. Covering the whole process case is conforming to the technical specification for information system construction of the people's court, the data is comprehensive, and support inside and outside the court business collaboration and data sharing. And for the court case to provide more intuitive, convenient, intelligent, accurate information and application support.
 


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