Introduction to Law and Legal Systems (PDF)

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Added on 2020-10-23

Introduction to Law and Legal Systems (PDF)

Added on 2020-10-23

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TABLE OF CONTENTSINTRODUCTION.....................................................................................................1TASK.........................................................................................................................1‘Case law plays the central role in all legal systems’. Critically evaluate thisstatement............................................................................................................1CONCLUSION.........................................................................................................4REFERENCES..........................................................................................................6

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INTRODUCTIONLegal system is referred to as certain procedures which elaborates rights andresponsibilities in a variety of ways. It sets out a pattern which is to be followed by people of acountry and rules to provide justice to innocent people when there is any injustice with them.There are four basic systems of law which are Civil, Common, Religious or Combination of anyof these. The report discusses about critical review of applying common law in legal system ofcountry in comparison to Civil legislation. TASK‘Case law plays the central role in all legal systems’. Critically evaluate this statement.Legal system is defined as a procedure or process for interpreting and enforcing law. Itelaborates responsibilities and rights in various ways. Each legal system is shaped by referring tounique history of occurrence of injustice and based on requirements of citizens. However, therecan be individual variations in laws and legislations. People's Republic of China is defined by government as a socialist legal system basedprimarily on the Civil law model. It is a legal regime of China with separate legal traditions andsystems of Mainland China, Hong Kong and Macau. It covers seven categories and threedifferent levels which includes administrative, economic, social, Civil and Commercial,Constitution related, criminal laws. Different levels are State laws, Administrative regulationsand local statutes. There are four levels of court system in China; Grass-roots, intermediate,higher and supreme people' court. Along with this additional courts which governs other matterslike, military, maritime, railway and forestry courts 1. Judicial system of China covers different courts which address different issues of countryand it includes; People's courts, procurator ate, public security agencies under Ministry of PublicSecurity. Each court system has power and functions defined by constitution and laws (China’sLegal System., 2018). China has passed a doctrine of Separation of Power which means organs ofgovernment do not interfere in each other’s function. Three organs of government are;legislative, Judiciary and executive which are responsible to formulate, implement and interpret1Chiu, H., 2017. The International Law of Recognition and the Status of the Republic ofChina. In The United States and the Republic of China. Routledge.1

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Introduction to Law and Legal Systems (PDF)