问题 问答题

英美法系和大陆法系的区别。

答案

参考答案:(1)历史渊源不同。大陆法系深受罗马法的影响,英美法系则由诺曼征服后形成的通行英国全国的判例法——普通法发展而来。
(2)法律渊源不同。大陆法系的正式法律渊源为制定法,英美法系判例法和制定法均有正式法律渊源的地位且判例法占主要地位。
(3)法律的分类不同,公法和私法是大陆法系主要的法律分类,而普通法和衡平法则是英美法系基本分类。
(4)法典编撰不用,大陆法系有法典编撰的传统,英美法系的制定法以单行法律、法规为主,且缺乏体系性法典规划。
(5)诉讼程序和司法方法不同。大陆法系奉行干预主义,法官在诉讼中居于主导地位。英美法系施行当事人主义,法官充当消极中立的裁判者角色。从司法方法上来看,以司法三段论为代表的演绎推理为大陆法系所推崇,而遵循先例判决则是英美法系的重要司法传统。

解析: 两大法系的特征比较

选择题
单项选择题

The "standard of living" of any country means the average person’s share of the goods and services which the country produces. A country’s standard of living, (1) , depends first and (2) on its capacity to produce wealth." Wealth" in this sense is not money, for we do not live on money (3) on things that money can buy. "Goods" such as food and clothing, and "services" such as transport and " (4) ". A country’s capacity to produce wealth depends upon many factors, most of (5) have an effect on one another. Wealth depends (6) a great extent upon a country’s natural resources. Some regions of the world are well supplied with coal and minerals, and have a fertile soil and a (7) climate; other regions possess none of them.

Next to natural resources (8) the ability to turn them to use. China is perhaps as well (9) as the USA in natural resources, but suffered for many years from civil and (10) wars, and (11) this and other reasons was (12) to develop her resources. (13) and stable political conditions, and (14) from foreign invasion, enable a country to develop its natural resources peacefully and steadily, and to produce more wealth than another country equally well (15) by nature but less well ordered.

A country’s standard of living does not only depend upon the wealth that is produced and consumed (16) its own borders, but also upon what is indirectly produced through international trade. (17) , Britain’s wealth in foodstuffs and other agricultural products would be much less if she had to depend only on (18) grown at home. Trade makes it possible for her surplus manufactured goods to be traded abroad for the agricultural products that would (19) be lacking. A country’s wealth is, therefore, much influenced by its manufacturing capacity, (20) that other countries can be found ready to accept its manufactures.

16()

A.with

B.within

C.near

D.around