Views: 2495|Replies: 4

求法律英语高手答这个问题 [Copy link] 中文

Rank: 1

Post time 2004-10-6 10:28:35 |Display all floors
在诉讼中,大陆法系的“职权主义”和英美法系的“当事人主义对抗制”怎么表达啊?
就是诉讼中法官和当事人地位和审问辩论形式等的不同。

请教高手。谢谢。

Use magic tools Report

Rank: 4

Post time 2004-10-6 17:48:42 |Display all floors

half of the answer

Sorry for not being able to tell you the Chinese system. But the system used in western countries is called "adversary system".

Use magic tools Report

Rank: 6Rank: 6

Post time 2004-10-6 17:59:15 |Display all floors

This is for another half

burden of producing evidence

Use magic tools Report

Rank: 4

Post time 2004-10-6 18:41:39 |Display all floors

I don't think so

"Burden of producing evidence" is within the same legal framework with "adversary system". This term is also called "onus of proof/burden of proof" in British legal system.
In English, the term opposite to "adversary/adversarial system" is called "inquisitorial system".
However, I suppose China has developed its own legal terminology since the nation's political and legal system are distinct from that in English speaking countries.

Use magic tools Report

Rank: 6Rank: 6

Post time 2004-10-7 08:55:43 |Display all floors

Yes, you are right, i was wrong.

i failed to search the english for 职权主义, but i see "burden of producing evidence" and "burden of Persuation" are all belong to 职权主义, so, could 职权主义 be comprehended as " liability system"???

i am not sure about it at all. cuz i can not find out any authoritative versions.

Use magic tools Report

You can't reply post until you log in Log in | register

BACK TO THE TOP
Contact us:Tel: (86)010-84883548, Email: blog@chinadaily.com.cn
Blog announcement:| We reserve the right, and you authorize us, to use content, including words, photos and videos, which you provide to our blog
platform, for non-profit purposes on China Daily media, comprising newspaper, website, iPad and other social media accounts.