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【CCL资料】CCL法律词汇系列(二):legal system 法律体系

Updated: Jan 1

往期链接:

https://mp.weixin.qq.com/s/hhsCycYcrQsqRj6l7wAMvQ

咱们上次说完了澳大利亚法院等级

今天就来深扒澳大利亚的

legal system

(法律体系)

小柠檬在此高能预警

前方的内容可能会非常非常的“丰富”哦~


The Australian Legal System

Australia is a parliamentary democracy. The Australian Constitution of 1901 established a federal system of government in Australia. Under this system, powers are distributed between a national government (the Commonwealth) and the six States. The Constitution defines the boundaries of law-making powers between the Commonwealth and the States/Territories.


parliamentary democracy 议会民主

federal system of government 联邦政府制度

Commonwealth 联邦 (不是你的银行的意思哦亲!)

States/Territories 国家/地区


The two major sources of Australian law are:

Cases - the decisions made by judges in the courts; and

Legislation - the legal rules made by parliament and by those to whom parliament has delegated authority


judges in the courts

法庭上的法官

parliament

议会

delegated authority

委托权限

审理机构

Supreme court (州最高法院)

It is a superior court of common law and equity, with unlimited jurisdiction within the state.


unlimited jurisdiction 全权管辖

Country/District court (中级法院)


It is the principal trial court in Victoria, sitting above the Magistrates’ Court and below the Supreme Court. They hear all criminal matters except treason and murder and certain other murder-related offenses.


Treason 叛国罪

Magistrates’ court (地方法院,初级法院)

It is the lowest court in the state court system

Tribunal (仲裁庭)


Tribunals can be Government-sponsored or private. They can be administrative or civil. Administrative tribunals are concerned with executive actions of the government. Civil tribunals are concerned with resolving private disputes


sponsored or private 赞助或私人

administrative or civil 行政或民事

executive actions of government 政府的行政行动

resolving private disputes 解决私人纠纷


审理人员

Judge(法官)

The person who hears cases and makes decisions in the County Court and Supreme Court. If a judge and a jury hear the case, the judge will be responsible for directing the jury about the law. If the accused is found guilty, the judge will impose the sentence.

Jury 陪审团

Found guilty 被判有罪

Impose the sentence 宣布判决

Magistrate (地方法官)


The person who hears cases and makes decisions in the Magistrates' Court and Children's Court. They decide what happens to a case, whether a case will have to go to another court or be put off until another day, whether the defendant is guilty or not guilty, and any penalty that will be given to the defendant. Some coroners are also magistrates. When you speak to a magistrate or coroner, you should address them as 'Your Honour'.


Defendant 被告

Coroners 验尸官

Member (仲裁官)

Tribunal Members are independent statutory officers who hear and determine applications in accordance with the law and the evidence presented. The Tribunal Member will sit at the front of the hearing room. The parties presenting their case sit facing the Member at tables. Address the Member as 'Mr' and 'Ms' and the Member's surname.

independent statutory officers 独立的法定人员


辅助人员

Associate (法官助理)

The person who generally carries out the judicial function of hearing and determining issues which arise before and after trial in civil cases. Associate Judges do not hear trials.

judicial function 司法职能

trial in civil cases 民事案件审判


Court officer (法庭工作人员)

Court officer is the law enforcement personnel who work in courts.

law enforcement personnel 执法人员


Bailiff(法庭执行官)

Bailiff is a manager, overseer or custodian; a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.

Overseer or custodian 监督员或是监护人

Authority or jurisdiction 权力或管辖权


Sheriff(法庭治安管)

They enforce warrants and orders issued by courts for both criminal (arising from unpaid fines) and civil (arising from orders made following civil disputes) matters.

Warrants and orders 逮捕令和命令

Criminal 刑事

Civil 民事


Clerk(书记员)

Sits near the magistrate or coroner, and announces the cases and calls people into court. The bench clerk will direct people where to stand, read the charges out in a criminal proceeding and administer the oath or affirmation to witnesses.

criminal proceeding 刑事诉讼

administer the oath 主持宣誓

affirmation to witnesses 对证人进行宣誓确认


Registrar(登记官)

The manager/administrator of the court. It will be a registrar or deputy registrar (or member of the registry staff) who will assist you at a court counter.

registrar or deputy registrar 法院管理者/行政人员

court counter 法院柜台


Tribunal officer/hearing officer(仲裁庭工作人员/听证官员)

Tribunal Officers have responsibility for the management and progression of cases in a larger allocated caseload, facilitating the listing and conduct of hearings, conferences, and other Alternative Dispute Resolution (ADR) processes and responding to case specific enquiries.

management and progression of cases 管理和处理

Alternative Dispute Resolution process 代替性解决争端程序

case specification 具体案件查询


Hearing 译法

Key Differences Between Hearing and Trial

看不懂的话~小柠檬贴心附上中文版哦~

怎么样~这期的内容是不是

让你见识到了澳洲法律体系有多严谨!

小柠檬话不多说,大家好好学习

如果觉得内容有用的话

欢迎转发评论,并且让我们出现在“看一看”界面哦~

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咱们下期见!



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