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Justise and Law in Britain

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Content

Legal System 
in the UK for  Criminal
1 Business 3 Proceedings
The Formation The Difference
of English La 2 between 4
w China and Brit
ain
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The Formation of
English Law

•Medieval English common law

•Influences of foreign legal systems

•The spread of the common law to the colonies and Commonwealth

•Decline of Latin maxims, and adding flexibility to stare decisis

•Common law pleading and its abolition in the early 20th century
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Medieval English
common law

In 1154, Henry II became the

first Plantagenet king. Among many
achievements, Henry institutionalized
common law by creating a unified
system of law "common" to the country
through incorporating and elevating
local custom to the national, The jury
reached its verdict through evaluating
common local knowledge, not
necessarily through the presentation
of evidence, a distinguishing factor
from today's civil and criminal court
systems.
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Influences of foreign
legal systems

The term "common law" is

often used as a contrast to
Roman-derived "civil law",
and the fundamental
processes and forms of
reasoning in the two are
quite different. Nonetheless,
there has been considerable
cross-fertilization of ideas,
while the two traditions and
sets of foundational
principles remain distinct.
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spread of the common law to the c
olonies and Commonwealth
Reception statutes in the United States
"English law" prior to the American Revo
lutionary Wars is still an influence on Uni
ted States law, and provides the basis fo
r many American legal traditions and pol
icies. Many jurisdictions that have maint
ained the use of English Common law co
ntinue to incorporate modern developm
ents of the Common law in England, and
decisions from England are in many juris
dictions usually considered persuasive.
Reception in other British colonies
The pattern was repeated in many
other former British colonies as th
ey gained independence from the
United Kingdom. Ireland, Australia,
 New Zealand,India, Belize, and va
rious Caribbean and African nation
s have adopted English common la
w through reception statutes alth
ough they do not inevitably contin
ue to copy English Common Law.
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Decline of Latin maxims, and adding
flexibility to stare decisis

Well into the 19th century, ancient

maxims played a large role in comm
on law adjudication. In the early 20t
h century, Louis Brandeis, later app
ointed to the United States Suprem
e Court, became noted for his use o
f policy-driving facts and economics
in his briefs, and extensive appendic
es presenting facts that lead a judge
to the advocate's conclusion. By this
time, briefs relied more on facts tha
n on Latin maxims.
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Common law pleading and its
abolition in the early 20th century

One of the major reforms of the late

19th century and early 20th century was
the abolition of common law pleading
requirements. A plaintiff can initiate a
case by giving the defendant "a short
and plain statement" of facts that
constitute an alleged wrong. This reform
moved the attention of courts from
technical scrutiny of words to a more
rational consideration of the facts, and
opened access to justice far more
broadly.
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The Difference between
China and Britain

• Traditional Legal Concepts

• Procuratorial Organs
• The Jury System
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Traditional Legal Concepts
Britain in Anglo - Saxon time
s, people has formed the uni
versal psychological norms a
nd behavior patterns, includ
ing a rough concept of legal
system and its related in de
pendent of certain moral e
motion and the foundation
of religious belief.
The law is not made by anyone, whe
ther by an individual or a nation. It is
like anything in nature. Everyone beli
eve that natural law is real……So the
law is "be found" but not to develop.
Any group which think its mission is t
o make laws must be inappropriate.
——Worshipped
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Traditional Legal Concepts

China ancient times is complete kingship and divine unity.K

ingship is carried to the supreme status so that the enacte
d law is "god", "the mandate of heaven".Chinese law was d
ifferent from western "natural law". It doesn't contain the
content of equality, justice, has no concept of law belongs
to the people.
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Procuratorial Organs

British prosecutors history is not long. The procuratorial agency

(CPS) formally established in 1985, which was the modern signific
ance of procuratorial system. After nearly 20 years of judicial refo
rm, the limits of prosecutors expanded and the procuratorial age
ncy improved constantly.

According to China's usual practice, small cases should not be ch

arged and it can be dealed by the police. This kind of circumstanc
e should be sued in the UK. The result of the case is approximate
ly the same, but the process is not the same. This is a distinction i
n the British judicial system.
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The Jury System

The jury system is where

between 7~12 people ar Jury system is the beacon
e chosen to listen a crimi of freedom, and the wheel
nal case and, after heari s of the constitution.
ng both sides of the argu
ment, the jury goes into ——Tannins
a room and decides whe
ther the person is guilty
or innocent.
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The Jury System

Jury system in China is a basic litigation system. It ma

kes Ordinary citizens to participate in criminal, civil a
nd administrative trial system.However, the jury syst
em in China is only a lawsuit system rather than a co
nstitutional system.
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Legal System in the UK for Business
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 An Overview of the UK Legal 
System

• In the UK, the legal system comprises two key 
components, specifically: 
• A.)Statute law:
This is developed and passed by the Houses of Parliament(which
consists of the House of Commons and the House of Lords).

• B.)Case law:
This is developed when judicial precedent is applied in the courts by
judges interpreting statute law.
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As a member of the European Union, the UK also incorporates 
European legislation into UK law.

Within the UK, there are three distinct legal 
jurisdictions, with each having its own court system and legal pr
ofession.These jurisdictions are:
——England and Wales,
——Scotland ,
——Northern Ireland.
An International Comparison 
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of the UK Legal System

Global Rank Country

1 Singapore 
2 Hong Kong 
3 New Zealand  
4 UK
5 US
6 Denmark 
Source:
…… World Bank,
134 India  2011
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The figure shows the comparative position for the UK against 
selected countries. 

•The UK has one of the most supportive legal systems in the worl
d for businesses. In the assessment of 183 countries in 2011, the 
World Bank ranked the UK fourth globally for “ease of doing 
business”, a factor which covered several legal issues,including:
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• Ability to enforce contracts,

• Labour flexibility,
• Regulations to start a business,
• Regulations related to closing a business,
• Ease of registering a property,
• Overall protection for business.
 Legal Requirments for 
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Businesses inthe UK 

• A)Company structure
• B)Employment law
• C)Liability insurance
• D)Contract terms
• E)Protecting intellectual property
• F)Regulations
• G)Health and safety
• H)Real estate
• I)Environmental requirments
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Criminal Proceedings
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• In England and Wales, once the police have charged a

person with a criminal offence,the Crown Prosecution
Service assumes control of the case and
independently reviews the evidence to decide
whether to prosecute.
• All criminal trials are held in open court because the
criminal law presumes the innocence of the accused
until he has been proved guilted beyond reasonable
doubt. Every possible step is taken to deny to the
prosecution any advantage over the defence.
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• Every accused person has the right to employ a legal

adviser to conduct his defence.
• In criminal trials by jury,the judge passes sentence(as
in all trials), but the jury decides the issue of guilty or
innocence.
 Treatment
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Offenders

• The chief aims of the penal system are to deter the potential
law-breaker, and to reform the convicted offender.
• Some punishments:
suspended sentence
probation
compensation
• There is no death penalty in britain today,it was abolished.the
most severe punishment is life-imprisonment.
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• Community sentences
A form of punishment which can b
enefit both the offender and the co
mmunity .
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Thank you

By 王祎 石蕾 刘祎 傅萌