当前位置：文档之家 › A Comparative Study on Judgement in China and America

A Comparative Study on Judgement in China and America

  • 格式：docx
  • 大小：17.98 KB
  • 文档页数：3

A Comparative Study on Judgment in China and America Abstract:It is said that the mental differences we can see from person to person are caused by the various environment, further more, it's because the education that one society gives their citizens. A society can influence an individual in every aspect, such as government power, school education to minors and academic, the consensus of the community. It is precisely that these differences lead us having different cultural. Different cultural requires us to know how to make an intercultural communication. So, it is necessary for us to have a comparative study in different society.As we all know, the judicial power is becoming, especially in the modern society, the one of the most important parts of the society, how it communicate with the citizens? In the other words, how the judicial powers affect us. Generally, we think the judicial power affects us by the judgment the court made. The court, as an expressing branch of the judicial power, shows the meaning and the attitude, in a certain thing, of the law through the judgment. So, the judgment becomes the biggest element in judicial power's influence to the ordinary people.It is obviously, through our reading, the judgments that America and China court made have many differences in their substance and from. And these various thoughts and expressions show the big differences between Chinese and American cultural.First, the judgments made by American courts usually have four parts—fact, issue, holding and reasoning. From the perspective of form, we can see there are only a few parts of the judgment describing the facts of the cases, on the contrary, the most of the judgment is reasoning. This reasoning is a not only about the case, but also to seek the general principles that can be applied to the further cases which have the similarity with the case. For examples, in the case Marbury v. Madison, the Chief Justice of the Supreme Court Marshall creates the most important institution of the American judicial system—judicial review, a system granting the Supreme Court to explain the constitution of the American. Therefore, the most weakness branch of the three part finally found it own support, and has the ability to balance the other two parts. It is exactly what the Foundings' original conceive. In other series of cases, Gibbons v. Ogden, United States v. Darby, Wickard v. Filburn and so on, the Congress expands their powers to the States by the Constitution. The U.S. government, therefore, has more power which belongs to the States. No matter its good or bad, the court affected the each corner of American society by the judgment. On the other hand, from the perspective of substance, we can see the America courts judgments always analysis the cases from many different dimensions like jurisprudence, law, one's common feelings. By this way, the reasoning in the judgment is more acceptable to the public. Sure, it also has its own negative. Verdicts made in this way are less stable compared with the other country, and some results made by this way, seems unacceptable in other countries. Such as jury nullification, means whatever thedefendant been charged and sure violate the law, the jury has the power to find not guilty just because the think the law isn't proper for this case in extremely situation.All in all, this is what the American's style of judgment, it reflects the American society, shows us the way people thinking in American, tells us American cultural. But, when you look into the judgment made in China court, you will see a totally different picture.The judgment made by Chinese court has a very fixed format. It started with fundamental information of the plaintiff and defendant. Then is the fact of the case with analysis of the facts made by the court. After all of this, the rest part of judgment is putting the fact into a proper law. In the judgment, there will be no or a little analysis about the further question. There is no doubt that this type of judgments making is in the influence of the China judicial system. But, according to the result of comparing with American judgment we can also see the different between them.In short, the American judgments show more concern in how to make the law more proper for the society. Therefore, they have more theoretical analysis leading to the changing of law. If a law is considered as unfit, the court will claim it invalid. However, China court won't do this. Their loyalty belongs to the law and exactly it leads judgment made by China courts having more analysis in the connection between the facts and the laws.This example shows us the cultural differences between China and American. In fact, there are so many differences existences from country to country. Only faces these differences directly, can we do better in intercultural communication. And with the open mind, we will have a bright future.1.starting2.what is judgment3.the influence of judgment in jurisprudence4.the characteristic of American judgments5.how the way that the judgment made affects the American jurisprudence and society6.the characteristic of Chinese judgments7.how the way that judgment made affects the Chinese jurisprudence and societypare the American and Chinese judgments and make a conclusion about the difference between them.9.ending。

合集下载

九年级文化差异英语阅读理解25题

九年级文化差异英语阅读理解25题

九年级文化差异英语阅读理解25题1<背景文章>Culture plays a significant role in shaping people's eating habits. In China, food is not just about nourishment but also a way of socializing. Family gatherings often revolve around a large table filled with various dishes. Chinese cuisine is famous for its diversity and complexity. There are eight major cuisines, each with its own unique flavors and cooking methods.In contrast, American food culture is more about convenience. Fast food is very popular in the United States. People are often in a hurry and look for quick meals that can be eaten on the go. Hamburgers, French fries, and pizza are staples of American fast food.Another difference lies in the way meals are served. In Chinese restaurants, dishes are usually shared among everyone at the table. People use chopsticks to pick up food from the communal plates. In America, individual portions are served on separate plates. People use forks, knives, and spoons to eat.1. Chinese cuisine is known for its ___.A. simplicityB. uniformityC. diversityD. monotony答案：C。

高二英语英语学术论文写作单选题30题答案解析版

高二英语英语学术论文写作单选题30题答案解析版

高二英语英语学术论文写作单选题30题答案解析版1.In academic writing, it is important to be _______ in presenting your arguments.A.preciseB.vagueC.casualD.hasty答案：A。

在学术写作中，精确地呈现你的论点很重要。

选项B“vague”（ 模糊的）不符合学术写作要求；选项C“casual”（ 随意的）和选项D“hasty” 匆忙的）也不适合学术写作的严谨性。

2.When writing an academic paper, you should avoid using _______ language.A.colloquialB.formalC.technicalD.sophisticated答案：A。

写学术论文时，应避免使用口语化的语言。

选项B“formal”正式的）、选项C“technical”专业的）和选项D“sophisticated”（复杂的）在学术写作中有其特定用途，而口语化语言不适合学术写作。

3.A good academic paper is characterized by its _______ analysis.A.superficialB.thoroughC.hastyD.cursory答案：B。

一篇好的学术论文以其全面的分析为特点。

选项A“superficial”（ 肤浅的）、选项C“hasty”（ 匆忙的）和选项D“cursory” 粗略的）都不能体现学术论文的高质量分析。

4.In academic writing, you should use _______ sources to support your arguments.A.reliableB.dubiousC.unreliableD.questionable答案：A。

在学术写作中，你应该使用可靠的来源来支持你的论点。

2017全国高考试卷英语

2017全国高考试卷英语

2017全国高考试卷英语2017全国高考试卷英语祝奋斗在高考一线的高考学子们考试顺利，并且考上自己心仪的大学。

下面是店铺为大家推荐的2017全国高考试卷英语，仅供大家参考!2017全国高考试卷英语第一部分听力 (共两节，满分20分)做题时，先将答案标在试卷上。

录音内容结束后，你将有两分钟的时间将试卷上的答案转涂到答题纸上。

第一节 (共5小题;每小题1分，满分5分)听下面5段对话。

每段对话后有一个小题，从题中所给的A、B、C 三个选项中选出最佳选项，并标在试卷的相应位置。

听完每段对话后，你都有10秒钟的时间来回答有关小题和阅读下一小题。

每段对话仅读一遍。

1. What are the speakers talking about?A. Buying DVDs.B. Renting DVDs.C. Sharing DVDs.2. What does the woman mean?A. She will help the man later.B. She is unwilling to help the man.C. She can’t be of any assistance.3. Where does the conversation most probably take place?A. In Henry’s house.B. In a restaurant.C. In a hospital.4. What is the probable relationship between Fred and Anne?A. Boss and secretary.B. Husband and wife.C. Teacher and student.5. How did Tom go to London?A. By car.B. By plane.C. By train.第二节 (共15小题;每小题1分，满分15分)听下面5段对话或独白。

大学英语六级模拟试卷338(题后含答案及解析)

大学英语六级模拟试卷338(题后含答案及解析)

大学英语六级模拟试卷338(题后含答案及解析)题型有：1. Writing 2. Reading Comprehension (Skimming and Scanning) 3. Listening Comprehension 4. Reading Comprehension (Reading in Depth) 8. TranslationPart I Writing (30 minutes)1．Directions: For this part, you are allowed 30 minutes to write a passage of at least 150 words in the title of Is Checking Attendance Necessary to College Students. Please follow the outline given below.1. 无论是本科教学还是研究生教学，点名都是教师维持纪律常用手段，这是因为......2.但也有人认为，这没有必要。

3.你的观点。

正确答案：Is Checking Attendance Necessary to College Students? Checking attendance is a common means of discipline in universities. Teachers use it to regulate students’behavior in class and thus guarantee students’improvement in terms of performance. It is also a means to help classes go smoothly without being interrupted, whereas many others, especially college students are against this practice. They hold that to check attendance is a waste of time in class for only a small portion of students play truant regularly. They play truant in almost every class because they have no interest in study at all. To try to get them back through checking attendance is in vain. Furthermore, classes with a small attendance are usually given in a monotonous way. Neither the teacher’s tone nor his content can arouse students’interest. In my point of view, as a way of regulation, to check attendance is helpful and practicable to some extent. But it is in no sense the most proper way to bring students back to the class. On the one hand, universities should be more sensible in course design. Some out-dated courses can be deleted. On the other hand, teachers should endeavor to make their lectures meaningful and attractive enough to keep students in their classes. If so, maybe attendance will not be a big problem any longer.Part II Reading Comprehension (Skimming and Scanning) (15 minutes)Directions: In this part, you will have 15 minutes to go over the passage quickly and answer the questions attached to the passage. For questions 1-4, mark：Y (for YES) if the statement agrees with the information given in the passage;N (for NO) if the statement contradicts the information given in the passage;NG (for NOT GIVEN)if the information is not given in the passage.Give Up Six Words and Change Your Life Alfred Korzybski, the father of general semantics, observed that how we talk affects how we handle problems and how we behave. He found that scientists, trained to be specific, handled both personal and laboratory problems better than non-scientists. Non-scientists, then as now, used words loaded with feeling and prejudgment and got into trouble.Changing the way we use certain everyday words can actually shift the way we see the world and other people, helps change the emotion-laden attitudes behind the words, and makes us less likely to make inappropriate demands on ourselves and others. There is also a change in the effect on others. Teachers, told that certain students have hidden talents, will help them develop, even if the students were selected blindly by researchers. People act as they think they have been defined, and like it or not, our words play a large part in expressing that definition. In our work, we have found six words that are often used in damaging ways: try, always, is, can’t, should and everybody. These words are really “families”of words. Always can be expanded to never, every time. Should is also ought to, must, have to. We use nobody, no one, all, ‘the way we use everybody. Each of these words is linked to the concept of time. “Everybody does it”implies every person always does it. Should reflects a standard adopted in the past, governing how we must always behave. Is implies a permanent characteristic of something or someone, as “she is impossible to deal with.”Alfred Korzybski called humans “time binders”. Facts, opinions and behaviors are learned, repeated and passed on, even though they may not necessarily have been true in the first place. Both Korzybski and S. I. Hayakawa, who is a respected semanticist, caution us against using such “allness”terms. Yet we do use them, as though by doing so we could somehow manage the present and future. “With words,” says Hayakawa in Language in Thought and Action, “we influence and to an enormous extent control.”“I’ll meet you at three Thursday”is an attempt to make another person--and ourselves --be at a certain place at a certain time. Hayakawa writes, “The future is a specifically human dimension. To a dog, ‘hamburger tomorrow’is meaningless. With words we [humans] impose a certain predictability upon future events.”Similarly, we attempt to control people’s actions and even characteristics with can’t, should, everybody and related words. We try thus to create “reliable” data, however unrelated it is to the facts. According to Freud, to some mental patients certain words become magical, symbols of whole trains of thought condensed. Seriously ill neurotics maintain some of that magic: “Everybody’s against me” or “I have to do this.” And nearly all of us have the same bad habit to a less intense degree. When and where do we begin this pattern of restrictive words and beliefs? According to the late speech expert Wendell Johnson, as adults we are still “using information, attitudes, beliefs, procedures, practices ... adapted to an earlier time.” Our beliefs, and the words we use to support them and to protect ourselves from change, come from early in our lives. Willis Harman, Ph. D., a futurist at SRI (formerly Stanford Research Institute), maintains that we are all in a way hypnotized from infancy. “We do not perceive ourselves and the world about us as they are, but as we have been persuaded to perceive them,” says Dr. Harman. Research shows that objects and people with some familiar characteristics tend to be perceived by the infant as identical. The newborn cannot distinguish between self and surrounding. When the baby is hungry, everybody is hungry. Later, any man becomes “Daddy”and every animal “doggie.”We use such early biases to make life easy, as well as comfortable and familiar. If I adopt the belief as a child that “I am dumb,” it is easier to act it out continually than to resistit--thus I unconsciously make sure it stays true. Taking each family of words separately, here is what they represent and how to stop using them destructively. Try Benjamin Keller, head of the Los Angeles branch of the Vector Counseling Institute, tells of one desperate young woman: “Her marriage wasn’t going well. As she put it, ‘no matter how hard I try, I just can’t clean, cook and work at the same time.’ She was trying so hard she was constantly tense and exhausted.” She agreed to stop trying and just do those things the best she could. Without the inner struggle, she found that she could schedule some things, let others go, and accomplish more. When we switch from try, which anticipates failure, to “do the best I can,”we do exactly that. We could not have done better, or we would have. Check it out: Consciously delete try from your vocabulary for a month. Always Always and never are our creations. Much more accurate are words that represent gradation, that cover a whole range, such as almost always, many times, frequently, not often, hardly ever. When we believe a person is always faithful, and he proves otherwise, we are hurt. When we believe we will never lose a particular friend, or our money, or a job, and we do, we respond with grief and resentment. Popular songs, expressing cultural truths, reflect this. “Always and Forever,” we say. “You Belong to Me” or “I Can’t Smile Without You” we sing. Is Our use of is, I am in English is virtually unique. In Spanish, separate verbs distinguish temporary from permanent: estar, to be in a temporary sense, and ser, to be in a permanent sense. So with French and many other languages. But in English, we can only describe a permanent, unalterable condition. A youngster who repeatedly hears how lazy he is tends to agree: “I am lazy.” Adopted as his own reality, “the way I am,” it can become a fact of his life. If I call him lazy (“the way he is”), I will see his actions colored by that judgment. Anger, resentment and rigidity may develop in both of us as a result. Can’t Can’t carries the same burden of permanence, expressed this time in a negative way, “You can’t do anything right,”say our parents. When we try our hand at algebra or cooking, and don’t do well, if we conclude, “I can’t do it,” we tend not to attempt it again. Thus language has done our thinking for us. ff we accept our first-round failure for what it really is -- doing the best we can at that moment-we are much freer to try again. Or by learning to be more precise: “perhaps I can’t... with the education, experience, or information I now have,”we free ourselves to seek out the necessary information, experience or education. Should Notice how you feel when you say, “I should call her,” or “I must get this done.” Shoulds are a source of guilt. If the guilt is appropriate, fine. But it’s a waste to trigger it by using language that reflects other people’s standards that we’ve rejected. Everybody Perhaps we use everybody, nobody, no one to make things seem better known than they are, or to have our opinions supported. If “everybody does it”we’re safe. Everybody includes too much, and nobody excludes too much. These terms prevent seeing differences between individuals. When we use them, we’re inaccurate most of the time; we also miss a lot. What can we expect when we change our use of try, always, is, can’t, should and everybody? You will notice no “overnight” changes but you will definitely be easing yourself into a less dogmatic frame of mind, more open, less demanding -- in some ways scarier. Did you mean everybody? Or could it be some people, or many people Iknow? Is he really that way, or does he seem that way to you, now? Should you really be more (or less) ambitious, or are you judging yourself by someone else’s standards? Are all your dates broken, or just the last two? It takes time, and it takes honesty. Try it. No, do it.2．People act as they think they have been defined, and like it or not, our words play a large part in expressing that definition.A．YB．NC．NG正确答案：A解析：见文章第三段最后一句话。