Discuss the differences and similarities between the English Legal System with the legal system in your country “The term ‘law’ is used in many senses: we may speak of the laws of physics, mathematics, science, or the laws of football. Law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state. ” (Barker,D. L. A, 2007,P. 1). Legal system is one of the most important ways to preserve one country’s peace. This essay will introduce the differences and similarities of legal system between China and British, it includes background, history, jurisdictions of laws, court system.
Firstly, it will show the differences of legal system between British and China. “The United Kingdom is a unitary State, not a federation of States. Nevertheless, it does not have a single system of law within that State. ” (Barker. D. L. A. 1970, P. 5). The UK consists of four countries: England, Wales, Scotland and Northern Ireland. However, in the UK, some laws only apply for some countries not whole UK (“The Legal System of the United Kingdom”, 2013). However, the author also claims that Chinese legal system was from Confucian theory that stressed ethics and relationships between the people and their leaders.
(The legal system in China,2013). China’s legal different from other developed countries. Webster says “Though it has changed significantly since the opening up of China in 1979, with the incorporation of elements of foreign contract law elements of Chinese law are still nascent”(“Chinese Legal system”,2013). Chinese legal system applies for whole China except Hong Kong and Macao,because they are the special administrative region. Secondly, it will introduce the history of legal system in UK and China, and compare the differences.
“English law has developed from a number of sources: customs, the rules worked out by the common law courts and the courts of equity, canon law, the law merchant, legislation, etc. ” (Barker. D. L. A. 1970, P. 9). The Magna Carta is important for developing of laws in UK. The author also claims Magna Carta was a law that reduced the power of the King of England and it became the basis for English citizen’s rights (“Magna Carta”. 2013). The king of England had rights about countries’ law. But it difference between China.
“When Communism was introduced as the prevailing ideology after 1949. It was not until the economic reforms of 1978 that a true institutional legal system was introduced, mostly to deal with the demands of the growing economy” (“The legal system in China”. 2013). The legal system in China has different goal, China is a socialist country. China only has leader of country but not queen or king. Thirdly, it will describe the jurisdictions of law in UK and China. Webster says “Legislation is law that is created by a legislature.
The most important pieces of legislation are Acts of Parliament. The principal legislature is the UK Parliament, which is based in London. This is the only body that has the power to pass laws that apply in all four countries. The UK Parliament consists of the House of Commons and the House of Lords” (“The legal system of the United Kingdom”, 2013). The Legislation in the UK has divided two parts, and either does not have concentrated legislation. However, in China it has difference laws about jurisdictions. “The Chinese legal system can also be broken down into several parts.
For example, the constitution and laws are legislated by national people’s congress (NPC) at the highest level; regulations are promulgated by state council; and rules and provisions are promulgated by ministries and commissions, with regional governments also promulgating rules and provisions at the lowest level. ”(The Chinese legal system,2003). The legislated in China belong to NPC, but NPC should be according to law to adjudicate everything. The last but not least, the court system also has difference between UK and China.
The courts today in the UK have three main parts, the first civil courts, then criminal courts and other courts. But in China total has one part and it deal with all things and in every city it has branch courts. In conclusion, this essay shows the differences and similarities between the English and China legal system. It is easy find there are many differences between two countries. Firstly, UK and China are all unitary State. In UK the laws can not apply for other countries, but in China’s apply for every city.
Secondly, UK and China all divide rights for people. Then, UK’s jurisdictions divide two parts but China’s belong to NPC. Finally, UK’s court system has three main parts but China only one and every city has branch court. Word count: 751. Reference: 1. Barker. D. L. A. (2007). Law Made Simple. Holland: Elsevier Ltd. 2. Chinese Legal System. Retrieval August 10, 2013, from http://www. austcham. org/china-business/doing-business-china/chinese-legal-system 3. Magna Carta 1215. Retrieval August 10, 2013, from.