Chapter 3 Parties解读
法律适用通则法(日英对照)
法の適用に関する通則法Act on General Rules for Application of Laws（平成十八年六月二十一日法律第七十八号）(Act No. 78 of June 21, 2006)法例（明治三十一年法律第十号）の全部を改正する。
The Act on General Rules for Application of Laws (Act No. 10 of 1898) is fully revised.第一章 総則（第一条）Chapter I General Provisions (Article 1)第二章 法律に関する通則（第二条・第三条）Chapter II General Rules for Laws (Article 2 and Article 3)第三章 準拠法に関する通則Chapter III General Rules for Governing Law第一節 人（第四条―第六条）Section 1 Person (Article 4 to Article 6)第二節 法律行為（第七条―第十二条）Section 2 Juridical Acts (Article 7 to Article 12)第三節 物権等（第十三条）Section 3 Real Rights (Rights in rem), etc. (Article 13)第四節 債権（第十四条―第二十三条）Section 4 Claims (Article 14 to Article 23)第五節 親族（第二十四条―第三十五条）Section 5 Relatives (Article 24 to Article 35)第六節 相続（第三十六条・第三十七条）Section 6 Inheritance (Article 36 and Article 37)第七節 補則（第三十八条―第四十三条）Section 7 Auxiliary Provisions (Article 38 to Article 43)附則Supplementary Provisions第一章 総則Chapter I General Provisions（趣旨）(Purpose)第一条 この法律は、法の適用に関する通則について定めるものとする。
Chapter3--NegotiationLubrication
Chapter 3 Negotiation Lubrication(润滑剂)谈判润滑剂Key Issues(主要问题)·What preparatory(准备的) work do negotiation have to do ?谈判必须做的准备工作是什么?·What target are to be set for a successful negotiation?成功的谈判应该制定哪些目标?·Why is information so important in a negotiation ?谈判中信息为什么这么重要?·What is negotiating team composed of(组成,构成) ?谈判团队应由哪些人员组成?Every negotiation requires preparation. The preparatory(准备的)work, in a sense, functions as lubrication(润滑剂)on either regular or an ad hoc(特别的) basis. Preparation is an integral (构成整体所必需的)and fundamental (基本的，重要的)part of a negotiation, which prepares parties with information critical (关键性的)to negotiation, equip participants with weapons necessary for bargaining and build up negotia tors’ confidence. Amost important cause(原因) for failure in international negotiation is insufficient preparation and information. The failure of negotiators to comprehend(理解，领会) complex situations, the failure to remember that negotiation cases and their adversaries(对手，敌人) differ from case to case ，person to person ,and lack of investigation into financial credit and market situation has made international business negotiation a high-risk activity. International business research is therefore instrumental （有帮助的）to international business success since it permit(许可) negotiator to take into account (重视，考虑)different environments, attitudes, and market conditions. Y et, such research has also become less complicated(结构复杂的).V arious information channels, especially internet enable information and research from around the globe can be obtained (获得)quite easily. Negotiation preparation begins when people related with negotiation have to make decision on the following issues: ⑴objectives （目标）and targets to be achieved(实现);⑵macro(巨大的)and micro（极小的）information to be researched;⑶ negotiation team members to be involved, and ;⑷locations where negotiations to be conducted(实施，进行)。
民事诉讼法英文对照
Civil Procedure LawChapter I General ProvisionsArticle 1 This Law is formulated in accordance with the Constitution with a view to safeguarding the lawful rights and interests of citizens, legal persons and other organizations, and maintaining social and economic order, promoting the development of socialist democracy and building a socialist country under the rule of law.Article 2 For the purposes of this Law, a civil lawsuit includes all litigation activities conducted in accordance with the law to resolve disputes over civil rights and interests.Article 3 A civil lawsuit shall be guided by the principles of fairness, voluntariness, protection of rights, immediacy, effectiveness, and integrity.Article 4 People’s courts shall independently exercise their judicial power in accordance with the law, and no organization or individual may interfere with a court in its exercise of such power.Chapter II JurisdictionArticle 5 People’s courts at various levels shall have jurisdiction over civil cases according to the jurisdictional rules provided for by law.Article 6 The jurisdiction over a civil case shall be determined in accordance with the place where the defendant is domiciled or the place where the contract is performed, or where the property is located, based on the nature of the case and the relevant provisions of laws and regulations.Article 7 People’s courts shall have jurisdiction over civil cases involving foreign elements in accordance with the provisions of laws and relevant international treaties concluded or acceded to by the People’s Republi c of China.Chapter III Parties and Their RepresentativesArticle 8 In a civil lawsuit, the parties shall exercise their litigation rights and perform their litigation obligations independently.Article 9 The parties to a civil lawsuit shall have the right to engage lawyers to act as their representatives, and may also appoint close relatives or other persons as their representatives.Article 10 When a person becomes a party to a civil lawsuit, he/she shall have the right to know the facts of the case, present evidence, debate, apply for withdrawal, appeal or proceed with execution, and enjoy other litigation rights.Chapter IV EvidenceArticle 11 The burden of proof in a civil lawsuit shall be borne by the party that raises the claims. When the party claims for legal rights or interests, it shall provide evidence to support the claims.Article 12 The parties shall present evidence that they possess and are responsible for. The court shall inform the parties to present evidence they possess, as well as investigate and collect evidence necessary for the case.Article 13 The court shall examine the admissibility, authenticity, relevance, and legality of the evidence presented by the parties. The parties shall have the right to express their opinions on the evidence and provide explanations or cross-examination.Chapter V Mediation and WithdrawalArticle 14 In order to promote the amicable settlement of civil disputes, people’s courts shall actively encourage mediation between the parties. The parties may apply for mediation at any time during the trial process.Article 15 When the parties reach a mediation agreement, the people’s court shall render a mediation statement, which shall have the same effect as a legally effective judgment.Article 16 The parties may apply for withdrawal of a lawsuit before the conclusion of the trial. If the withdrawal is agreed upon by the other party and the people’s court finds it lawful, it shall allow the withdrawal.Chapter VI Judgment and RulingArticle 17 The people’s court sha ll render a judgment based on the facts ascertained from the evidence and the application of laws.Article 18 The people’s court shall make a determination on the facts and the application of laws separately and clearly in its judgment.Article 19 The peop le’s court shall render a judgment in a public hearing, except for cases involving state secrets or personal privacy of the parties.Chapter VII EnforcementArticle 20 During the trial or after a judgment is rendered, the parties may apply to the people’s court for enforcement if the other party refuses to fulfil its obligations as stipulated in the judgment.Article 21 The people’s court shall promptly execute the judgment once it becomes enforceable. If the party against whom enforcement is sought refuses to comply, the court shall take enforcement measures in accordance with the law.Chapter VIII Supplementary ProvisionsArticle 22 This Law shall come into effect on the date of its promulgation. At the same time, the Civil Procedure Law of the People’s Republic of China, which was adopted on April 9, 1991, is repealed.。
CHAPTER 3第三章
How to write to the company you wish to contact for the first time?
（1）the source of your information. ） （2）your intention ） （3）your business scope ） （ 4 ） the reference as to your firm’s financial position and integrity. （5）your expectation ）
Where to find the company you want to deal with?
（1）Overseas Chamber of Commerce ） 海外商会 （ 2 ） The Economic and Commercial Counselor’s Office of the Embassy of People’s Republic of China in Foreign Countries 中国驻外商务参赞处 （3） Your branch offices abroad ） （4） Directories ） 贸易行的行名录
CHAPTER 3
Establishing Business Relations 建立业务关系
INTRODUCING BUSINESS OPERATION
Dear Sirs, RE: TABLE-CLOTH We have your name and address from the Commercial Councilor's Office of Chinese Embassy in Pakistan. We take this opportunity to write to you with a view to set up friend business relations with you. We are a state-owned company dealing specially with the export of table-cloth. We are in a position to accept orders according to the customer's samples. In the customer's samples, request about the assorted pattern, specification and package of the needed goods can be indicated particularly.
Chapter3信用证的审核与修改《国际商务单证双语》PPT课件
it should also include the buying and selling contract No.，kinds of
goods，size and composition，etc.
2.审查信用证条款的可操作性和可接受性
（1）它是否为不可撤销信用证？信用证是否生效？有些信用证虽名为不可撤销信
用证，但其中声明“本证尚未生效”，此时受益人必须等信用证生效后才能办理出
运。
（2）到期日、装运期和交单期。
（3）对运输条款（包括运输方式、运输工具、运输路线、承运人出具的规定或不
most common is： “Our bank will guarantee drawers and bona fide holders
that we will take the responsibility of making payment as long as drafts
opened and negotiated according to the L/C，are strictly in conformity
（7）Whether the L/C clauses is contradict or ambiguous.
（8）Can the L/C documents be provided?
（9）Whether freight forwarder designated in the L/C can be accepted.
CHAPTER
03
Examination and
名著精读《傲慢与偏见》第三章?第3节
名著精读《傲慢与偏见》第三章第3节Mr. Bingley had soon made himself acquainted with all the principal people in the room; he was lively and unreserved danced every dancewas angry that the ball closed so earlyand talked of giving one himself at Netherfield. Such amiable qualities must speak for themselves. What a contrast beeen him and his friend! Mr. Darcy danced only once with Mrs. Hurst and once with Miss BingleyDeclined being introduced to any other ladyand spent the rest of the evening in walking about the room speaking occasionally to one of his own party. His character was decided. He was the proudestmost disagreeable man in the worldand every body hoped that he would never e there again. Amongst the most violent against him was Mrs. Benwhose dislike of his general behaviour was sharpened into particular resentment by his having slighted one of her daughters.彬格莱先生很快就熟悉了全场所有的主要人物。
英语国家概况Chapter3
A Guide to English-Speaking Countries
2.1.2
Queen
Queen Elizabeth II
Born: April 21, 1926 Queen since June 2, 1953
• • • •
the Bill of Rights (1689) the Reform Act (1832) the European Communities Act (1972) the European Communities (Amendment) Act (1986)
Foreign Language Teaching and Research Press
Foreign Language Teaching and Research Press
A Guide to English-Speaking Countries
2.1.2
Queen
In reality, she does everything on the advice of the Prime Minister, and her role is “ceremonial, unpolitical and symbolic”: State opening of the Parliament Royal assent to new law Meeting with the Prime Minister at Buckingham Palace Pay state visits to Commonwealth countries as head of state and non-Commonwealth countries on behalf of the British government
剑桥雅思6阅读解析Test3
READING PASSAGE 1stun [ ] vt. 使晕倒, 使惊吓 thrill [] v. 发抖 routine [ ]n. 例行公事, 常规 leap [ ]n. 跳跃, 飞跃 imagination [ ]n. 想象,想象力initial [ ] adj. 最初的image [ ]n.图像，影像unique [ ] adj. 唯一的, 独特的 hypnotic [ ] adj. 催眠的文章结构 本节考查词汇panic [ ] n. 惊慌mere [ ] adj. 仅仅embrace [ ] vt. 拥抱whim [ ] n. 突发奇想，心血来潮objective [ ] adj. 客观的realism [] n. 现实主义，真实感overwhelming [ ] adj. 压倒性的，无法抗拒的fiction [ ] n. 小说，虚构的故事dominate [ ] v. 支配，主导intimate [ ] adj.亲密的，密切的massive [ ] adj. 巨大的，大规模的encyclopaedic [ ] adj. 百科全书式的consequence [ ] n. 结果presence [ ] n. 出席, 到场, 存在inevitably [i nevit bli] adv. 不可避免magnify [ ] vt. 夸大，放大enduring [ ] adj. 持久的lease [ ] n. 租借novelty [ ] n. 新颖, 新奇, 新鲜, 新奇的事物worn off 消失fade away 逐渐凋gimmick [ ] n. 小发明，小玩意documentary [ ] adj. 文件的，记录的 narrative [ ] n. 叙述medium [] n. 媒体, 方法, 媒介conceived [ ]adj. 假想的reel []n.卷convinced [ ]adj. 确信的astonishing[]adj. 令人惊讶的Questions 1-5『题型』MATCHING『解析』绝对乱序题型，建议先读完所有选项并确定关键字。
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Courts
cont
The Crown Court
The Crown Court deals with all indictable cases, serious offences triable before a judge and jury,and these include murder, rape, kidnapping, conspiracy, fraud, and armed robbery, which cannot be tried at the magistrates’ court.
Chapter 3 Political Parities
March 15, 2006
Basic Structure of UK Central Government
Monarch (non-political)
Legislature ---Parliament
House of Commons (political)
Executive
行政
Judiciary
(non-political)
House of Lords (semi-political)
Prime Minister & Cabinet (political)
House of Lords
Ministers & Civil service (non-political)
ቤተ መጻሕፍቲ ባይዱ
Juries are likely to be influenced by one dominant personality among their members and also, by the impression they pick up from the judge’s summing-up, rather than solely from the facts presented to them during the hearing. Jurors are more easily swayed by emotional witnesses’ accounts or barristers’ appeals, and sometimes do not pay as much regard to facts or documentary evidence as expected.
The Jury System
The system helps to guard against abuse by the state or by individual members of the legal system. It gives the public a part to play in the legal process and makes the ordinary people gain a sense of involvement. The system ensures that the judgment of guilt or innocence is made by the accused’s equals, not by a judge whom many will see as being out of touch with ordinary people and no better at making judgments about facts.
Welsh
Conservatives
Conservatives
in Northern Ireland
2018/10/19
Other smaller national parties
Green Party life on Earth is under immense pressure, the environment around us is threatened with massive destruction take responsibility to lead a healthy lifestyle for human being
•nationalism remains a threat to the peaceful co-existence of the people of NI •remain Northern Republic of Ireland as part of the UK
Courts
The High Court The High Court is a civil court and has the authority to hear any civil case in England and Wales. It handles everything from libel to divorce. There are altogether 27 high courts in England.
A 1 Introduction -- Two branches of law
Civil
law -- defines and enforces the duties or obligations of persons to one another. Criminal law -- by contrast, defines and enforces the obligations of persons to society as a whole.
Court of Appeal
Basic Principles of English Law
The Rule of Law, Natural Law and Natural Justice The Rule of Law involves: The rights of individuals are determined by legal rules and not the arbitrary behavior of authorities. There can be no punishment unless a court decides there has been a breach of law. Everyone, regardless of your position in society, is subject to the law.
Part II. Major Political Parties
the Conservative Party
the Labor Party
the Liberal Democrats
Other Parties
Scottish
the Conservative Party
Conservatives
The Jury System (problems)
Jurors may have difficulty following arguments and/or evidence in a complex case. Evidence shows that gender or race discrimination and prejudice still exist among some jurors.
Basic Principles of English Law
Natural
Law: A system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence (e.g., murder is wrong; parents are responsible for the acts of their minor children) Natural Law is higher than Man-made law. Eg. Nuremberg War Crimes Trial Natural Justice -- reflections of prevailing moral view of society .
Basic principles
The rule of law----everybody is subject to the law --laws must not be arbitrary --a person is innocent until proven guilty Natural law ----a law is higher than a man-made law Natural justice----reflection of the prevailing moral view of the society
Courts Court of appeal
If a convicted person feels he or she has not had a fair trial in the Crown Court/High Court and has been wrongfully convicted,or that the sentence imposed by the judges is unfair, he or she can take their case to the Court of Appeal,where more senior judges will consider the merits of their case.
The Court System
Civil branch
House of Lords