中国政法大学法律英语口语试题及答案整理.doc

1. To discuss the differences between the civil law system and the common law system. (P4 ) There are many differences between civil law system and common law system. Ⅰ The original places are different. The civil law system originated in ancient Rome, and the common law system originated in England. 起源地不同，民法起源于古罗马，普通法起源于英格兰 Ⅱ The main traditional source of the common law is cases, while the main traditional source of the civil law is legislation. Thus there are many codes in civil law countries instead of unwritten laws in common law system. 普通法的主要传统渊源是案例法，民法的主要传统渊源是成文法。因此民法国家用许多成文法典取代普通法国家的不成文法 Ⅲ The civil law system pays more attention to substantive law; the common law system pays more attention to procedural rules. 民法法系更多关注实体法，普通法更关注程序规则 Ⅳ The classification of law is different. The civil law is separated into public law and private law, the common law is separated into common law and equity. 法的分类不同，民法法系分为公法和私法，普通法法系分为普通法和衡平法 Ⅴ The role of judges and professors is another difference. Since theory and doctrines is important in legal education of civil law system, professor plays the important role to expose laws to students. In the contrary, case-law is the main source of common law, thus the judges has the discretion to make laws while trialing cases. 法官和学者的作用不同，因为理论和学说在民法法系中的重要性，学者在教授学生法律时十分重要。相反的，案例法是普通法法系的主要渊源，因此法官在审理案件时有造法的自由裁量权 Ⅵ The civil procedure: Adversary system (对抗式诉讼)of common law system needs the parties to show the case the jury or the judges. And the judges need to be neutral and impartial. Inquisitorial system（纠问式诉讼） in civil law countries give the judges the power to investigate the case during the trail and also can ask the parties and the witnesses. 民事诉讼程序：普通法法系的对抗式需要双方把案件展示给法官或陪审团。法官应该中立和公正。民法法系的纠问式诉讼给予法官在审理过程中调查案件的权力，也可以讯问双方当事人和证人。 2 To discuss the main features of the American court system (P17-19) There are fifty-two court systems in the U.S. ----each of the fifty states has its own system of courts, one for the District of Columb