The development of a body of legal ideas is inseparable from the creation of special legal language. As a source of technical vocabulary, however, the vernacular has obvious shortcomings; and in any case medieval English was not sufficiently standardised to render it suitable for official use. Latin was used for formal records, and made a permanent mark on the formalism of the common law, but it had the drawback that the Romans had used it before; its legal terminology was therefore already invested with technical meaning unsuited to the English context. The solution was found in a version of medieval Anglo-French known--at any rate once it degenerated--as "law French". French, of a kind, was the principal language of the common law from the thirteenth century until the seventeenth. Indeed, the majority of English legal terms are of French origin, though the legal meanings are purely English and result from the conversion of ordinary words into terms of art by bilingual lawyers who used French only as a professional dialect. This curious circumstance goes some way to explaining how England managed to produce a distinct system of law which over the centuries remained more or less impervious to Roman law influence.
In recent years, terrorist use of the Internet has been gaining in popularity, with more than several thousand radical or extremist websites in existence today. Because the Internet transcends physical and geographic boundaries, combating terrorist incitement on the Internet requires cross-border global cooperation. Although the international community has taken steps to combat the problem with United Nations Security Council Resolutions 1373 and 1624, the state parties to these resolutions have been unable to close the significant holes in the current international legal framework, and there is little evidence that terrorist use of the Internet for purposes of incitement is being prosecuted successfully. Certain states are limited by their own domestic legal framework, including the United States, which is significantly limited in its ability to combat incitement because of the constitutional restraints imposed by the First Amendment. Despite more aggressive legislation and the absence of any constitutional limitations, the United Kingdom has been similarly unsuccessful in combating and prosecuting incitement to commit terrorist acts.
All disputes arising from the performance of this Contract shall, through amicable negotiations, be settled by the Parties hereto. Should, through negotiation, no settlement be reached, the case in question shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission, Beijing and the arbitration rules of this Commission shall be applied. The award of this arbitration shall be final and binding upon the Parties hereto. The Arbitration fee shall be borne by the losing party unless otherwise awarded by the Arbitration Commission.
This LICENCE is granted to Name of Company of_Address to operate as a security company for supplying individuals to perform specified security work types for a period of 5 year(s) from May 1st, 2011 to April 30th, 2015 inclusive, provided that during the above period all prescribed fees are paid as prescribed, and subject to the provisions of the Security and Guarding Services Ordinance (Cap 460), and to those conditions specified overleaf.
The Japanese judiciary is a unitary national system. Small claims and minor criminal offenses are overseen by summary courts, which are typically staffed by retired judges and prosecutors or former court administrative officials. District courts serve as the courts of first instance. In all but very minor cases, district court judges sit in panels of three. They are responsible for deciding all matters of fact and law. Criminal judgments can be appealed to one of the eight high courts. The Supreme Court, which functions as a constitutional court and court of last resort, sits atop this hierarchy. By law, Supreme Court justices are appointed by the cabinet. In practice, however, the judiciary selects who will fill a vacancy on the Court and the cabinet rubber-stamps the decision.
In keeping with its civil law origins, legislation is the primary source of law. There is only one jurisdiction and criminal procedure is uniform throughout Japan. Criminal law is compiled in two documents, the Code of Criminal Procedure and the Penal Code, which are the primary references for criminal adjudication. Case law is of only secondary importance. The Supreme Court determines how various codes and statutes should be interpreted and establishes conventions for adjudicating cases. In addition to exercising judicial power, the Supreme Court is the highest authority on judicial administration.
China fully protects its citizens' right to vote and stand for election. Elections follow the principles of universal suffrage and equality, and are carried out in the forms of direct, indirect and competitive elections. The Constitution provides that all citizens of the People's Republic of China who have reached the age of 18, except persons who have been deprived of their political rights in accordance with the law, shall have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence.
Parties to international sales of goods have developed certain special trade terms used commonly to allocate rights and duties between themselves. These trade terms have been expressed through various standard abbreviations and each type of term carries with it specific legal consequences. The most common trade terms are CIF and FOB. However, uncertainties may still exist because the interpretation of these terms can vary depending on the law governing the contract. For example, the definitions of these trade terms under the US Uniform Commercial Code are different from their definitions in English common law, so to avoid controversy, the parties should specify which set of definitions are to apply. Parties to international sales of goods can choose to adopt the definitions set out in INCOTERMS: International Rules for the Interpretation of Trade Terms. INCOTERMS are a series of international sales with terms, published by International Chamber of Commerce (ICC) and widely used in international commercial transactions. These are accepted by governments, legal authorities and practitioners worldwide for the interpretation of most commonly used terms in international trade. This reduces or removes altogether uncertainties arising from different interpretation of such terms in different countries.
Under the WTO agreements, countries cannot normally discriminate between their trading partners. Grant someone a special favor (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members.
The jury trial begins with the summoning of a group of people as potential jurors and eliciting information from them in a process called the voir dire(/vwɑr diər/). Each side in a trial can eliminate people as jurors by exercising challenges, either “for cause,” when there is a formal reason to believe that the juror cannot be fair or otherwise cannot serve in the particular case, or “peremptorily,” for which no reason need be given, but no potential juror can be dismissed peremptorily because of race or gender. For-cause challenges have no numerical limit, while peremptory ones are restricted. The number of jurors selected varies according to jurisdiction and the kind of case being tried, with juries usually numbering six or twelve, and always large enough so that any verdict is made by a group.
After the jury is selected, the presiding judge may describe some of the basic law and procedures that will apply to the case. This is followed by opening statements, first by the prosecution or plaintiff and then by the defense. These addresses to the jury outline the evidence the parties expect to produce.
The plaintiff or prosecutor then presents evidence through witnesses, documents, or other objects or materials that have importance for the case. Witnesses first respond to questions asked by the party who called them. This is called direct examination. The opposing party then may question the witnesses. This is cross-examination. After the plaintiff or prosecutor presents evidence, the defense can present evidence. When this process concludes, the plaintiff or prosecutor may offer rebuttal evidence.
When the presentation of evidence is complete, each side is allowed to make a closing argument, or summation, to the jury. The trial judge then gives instructions to the jury. The jurors are to consider the law as the judge supplies it to them, determine the disputed facts important to the action, and then apply that given law to those determined facts in order to reach a verdict.
key words: 权限规范（norm of competence）；监管权限（regulatory competence）
道德自律（moral discipline/ self-discipline based on moral standards）
As for regulatory norms, neither does the Food Safety Law in China explicitly define what competence is nor reasonably classify the varieties of thereof. It only roughly provides that the responsibilities of food safety regulation shall be assumed by the health administration, quality supervision, industrial and commercial administration, food and drug supervision and administration departments at or above the county level pursuant to the legal competence and procedures. The concept of competence is always confused with the concepts of authority, responsibility, and obligation.
Regulatory competence loopholes may gradually lead to confusion and inefficiency of the system of regulatory power, and finally to dysfunction of supervision. The fundamental reason for the emergence of regulatory competence loopholes and the ignorance of them lies in that food safety regulation rests still on moral discipline. In a sense, food safety law inChinais more like a law in code than law in action. The key step of transformation is to stress the function of the aim of law.
Only when moral discipline turns to the establishment of norm of competence, a law in code evolves into a law in action, and only when fragmented individual norms become a systematic regulation system may we resolve thoroughly the problem of regulatory competence loopholes. The establishment of the super-ministry system has not effectively resolved the problem of competence loopholes yet, and new problems have emerged in this period of time, though. Regulatory bodies are at a crossroad between the new regulatory system and old regulatory norms. It is urgent to amend the Food Safety Law and fill up regulatory competence loopholes.
At the beginning of the modern period capital punishment was in widespread use everywhere, enjoying unquestioned legitimacy, imposed in simple and aggravated forms, targeting many kinds of offence and offender, and undertaken in public. From the 17th century onwards, capital punishment underwent a slow process of modification, reduction and abolition. Historians have described the key stages of this decline as follows: (1) a reduced range of capital offences and eligible offenders; (2) the abolition of aggravated death sentences; (3) the removal of executions from the public gaze; (4) the adoption of technologies designed to speed death and reduce pain; (5) the emergence of a normative discourse challenging death penalty; (6) the appearance of sharp divisions in public attitudes towards the penalty’s propriety; (7) the development of more formalized legal procedures and safeguards; (8) a secular decline in the frequency of executions; and finally, (9) the movement to partial then complete abolition, first de facto, then finally, de jure.
This trajectory(发展轨迹) of decline, with minor variations, occurred in the USA just as it did throughout the western world. Throughout the 19th and 20th centuries, the USA appeared to be firmly on the abolitionist trajectory. States such as Michigan, Wisconsin and Rhode Island were in the vanguard of that movement: abolishing the death penalty in the 1840s and 1850s, long before most European nations considered doing so. In 20th-century USA, the number of executions steadily declined from a peak of 199 per year in 1933 to a handful per year in the 1960s and eventually to zero in 1967. During the period from 1967 to 1976 no one was put to death and it was during this period that the 1972 Furman decision struck down all of the states’ capital punishment statutes as unconstitutional. It is only in the last three decades, from 1976 to the present, that the USA looks significantly different. Nor is there anything especially anomalous about the American death penalty other than the fact that it is still in use.（331 words）
Criticism of the criminal justice system began to build in the 1970s and 1980s following a series of high-profile death-row acquittals in which innocent defendants endured decades-long imprisonment. Judges came under fire for poor fact-finding and citizen groups calling for criminal juries started to emerge. These citizen groups saw lay participation as a corrective to the limited life experience of judges and as a necessary safeguard for the defendant’s rights. In 1987, the Supreme Court acknowledged declining public trust in the judiciary by commissioning studies of foreign jury systems. Encouraged by this decision, the Japan Federation of Bar Associations (JFBA) held national symposiums on juries in the early 1990s and citizen groups recruited people each year to participate in mock trials.
The origins of the saiban-in, however, cannot be directly traced to these civil activities. Instead, the saiban-in grew out of a government driven reform movement aimed at strengthening the rule of law. After the burst of the financial bubble in 1989, the government embarked on a major renovation of the country’s social, economic, and political arenas. Japan’s much hailed system of administrative guidance, in which highly trained bureaucrats used an array of extra-legal carrots and sticks to persuade regulated parties to adopt administrative goals, was blamed for the economic crisis. The Administrative Procedure Act and new laws involving freedom of information increased the transparency of bureaucratic decisions and made it easier for plaintiffs to challenge government decisions. Reforms to the electoral system in 1994 expanded judicial supervision of elections. Corporate reforms helped protect shareholder rights. A small claims procedure was introduced and judges were empowered to order businesses to disclose documents. In 1998, the Civil Procedure Code was amended to speed up trials and make litigation more attractive.（289 words）