新编法律英语(姚骏华)第六课中英语对照翻译.docVIP

Civil Procedure Law Civil Procedure Separate Court Systems Key Difference in Civil and Criminal Law Public Law. This includes criminal law, constitution and administration law. Public law is concerned with the interaction between an individual and the rest of community. Private Law. This includes tort, contract and divorce law. Private law concerns the interaction between individuals in the community, inasmuch as they do not concern the community as a whole. Thus, criminal law is concerned with conduct of which the State disapproves and will punish the wrongdoer, seeking to deter others from similar behavior. Civil law has a complementary function. When a dispute arises between two individuals, rules of civil law are applied to determine which individual is in the right. The party in the wrong must then compensate the other for any loss or damage. The object of the criminal law is, therefore ,punitive; the object of the civil law is to compensate the person wronged. 不同的法院系统 民法与刑法的主要区别 （1）公法：公法包括刑法，宪法，行政法。公法调整个人与社会之间的相互关系。 （2）私法：私法包括侵权法，合同法，和婚姻法。私法调整社会中人与人之间的关系，因为他们不能作为整体关系到社会问题。因此，刑法调整国家不允许的行为并且惩罚犯罪者，以寻求阻止他人进行类似的行为。 民法有辅助功能。当两个个体出现争议，适用民法条文确定谁是正确的。过错方必须赔偿另一方的损失。故，刑法的目的具有惩罚性,民法的目的是补偿受害方。 Choosing the Proper Court Subject-Matter Jurisdiction The first question that must be addressed when deciding where to file suit is which courts have the requisite power or competence to decide the type of controversy involved. This requirement typically is stated in terms of whether the court has subject-matter jurisdiction. State Courts. Or state courts typically the statutes establishing the different courts in the state will set each court’s subject-matter jurisdiction boundaries. The question is not whether the plaintiff can bring an action in a state court, but which of the existing state courts is authorized to hear the case. Federal courts. Federal courts are courts of general jurisdiction. That is to say, all federal district courts are treated as trial courts of equal juri