Yunya Chen Yijia’s experience in Australia: Entering the Australian Court
The Jiangsu Lawyers Foreign Affairs Lawyers Group has been to Victoria University in Melbourne for nearly three weeks. During these three weeks, we learned about the history of the Australian legal system, its general content, and the Australian court system. The course is full and the harvest is full. In this article, the author will mainly introduce the Victorian court system that we first learned in Australia.
The Australian courts are divided into two systems, the Federal Court and the State Court, the High Court of Australia, which accepts appeals from various states and first-instance cases involving federal affairs. State courts are divided into: Supreme Court, Country Court, and specialized courts such as Children's Court, Magistrates Court, etc., Federal and State Courts. There is no relationship between membership and hierarchy.
We visited the above-mentioned courts separately and listened to trials in several different cases. In the trial, the judge sits in the first judge's seat. The first one is usually the judge to two assistants. The jury is located at the lower right of the judge. The seat is a lawyer's seat before the auditor. The trial lawyer is wearing a lawyer's robe. State the case, the focus of the dispute, and answer the questions raised by the judge.
In the lawyer system, Australia follows the characteristics of the Anglo-American legal system. It is divided into a solicitor/solicitor and a barrister. If it involves a court session, it must be attended by a trial attorney. The lawyer can be assisted. We saw in the trial that there was a thick piece of material and books next to the lawyer, and made a lot of clear and clear marks, such as sticky notes, for quick search. Outside the court, court lawyers can be seen dragging their suitcases to the court. Under the case law system, lawyers need to remember the specifics of hundreds of cases so that they can quickly and accurately find similar cases and judgments when they encounter the same case. It can be seen that they want to be qualified and excellent in Australia. How much effort is required for the trial attorney.
Victoria has an independent Children's Court, which is divided into two distinct departments, the criminal and family departments. The criminal department handles criminal cases between the ages of 10 and over and under 18 years of age, with the following exceptions: murder, attempted murder, manslaughter, arson to death, child homicide, guilty driving a motor vehicle to death; the main responsibility of the family department is that If the child’s parents are not able to take care of their children (such as drug use, drug abuse, etc.), the family department has the right to accept the applications and make various instructions when the child needs protection.
When we visited the Children's Court, we also found that the police officers responsible for presenting the case did not have police uniforms. Does that mean that they are not standardized? Professor Kathy of the University of Victoria answered our question: Because it is a minor case, the court does not want to put too much psychological pressure on it, so the police officers are not police. I can see the psychological care and humanistic care of young people.
During these three weeks of study, visits and exchanges, we not only realized the legal system completely different from ours, but also experienced the kindness and diligence of the Australian people, and also carried out in-depth reflection and exploration on their own practice, in order to provide high quality. Efforts in foreign legal services.
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