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| The Difference between the American and China |
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| 日期：2004-03-03 新闻来源：本站 作者：: 编辑： 新闻阅读次数： |
Lawyer Jia Mingjun
According to the Constitution of the United States, Article 3, the judicial power of the United States is vested in one Supreme Court and in such inferior courts as the congress may ordain and establish. Actually, the court of American includes two independent parallel systems: the federal court system and the state court system. And the federal court is divided into three classes: federal district court, federal courts of appeal and the Supreme Court, which is in the Washington. The number of Justices in the Supreme Court is determined by Congress rather than the constitution, and since 1869, the Court has been composed of one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate.
Then how about china? The People’s Republic of China divides the courts into four classes, the local people s courts, the intermediate people s courts, the Higher People s Court and the Supreme People s court. And there are some special people s courts in china such as admiralty court and railway court. And the term of office of the President of the Supreme People s Court is the same as that of the National People s Congress; the President shall serve no more than two consecutive terms while in USA, the Judges in the Supreme Court can hold their offices during their lives unless their behaviors are bad.
Let s have a close look at the difference of the jurisdiction between China and USA. The federal court can only deal with the dispute listed in the Constitution in USA. It can deal with all cases affecting ambassadors, other public ministers and consuls, and all cases of admiralty and maritime jurisdiction.
Most of the state courts have the general jurisdiction. That means the federal court has the exclusive jurisdiction. For example, in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before-mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. In china, also have the exclusive jurisdiction and general jurisdiction. Most cases are dealt in the local people court. And the intermediate people s court rules on the cases involving foreigners and cases of great impact within its jurisdiction while the Supreme People s Court rules on the cases of great impact within the whole country and the Higher People s court rules on the civil cases having great impact within its jurisdiction. The cases of admiralty and maritime was ruled in the admiralty court.
Conclusion:
The difference is:
1. Different types of the court
2. Different ways of choosing the judges in the Supreme Court and different terms of office.
3. Different jurisdiction of the first instance of the cases.
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