Compare Law
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
“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