实体与程序法
Identifying the distinction between substantive and procedural law is simple as the terms themselves indicate the difference. However, many of us probably have not heard of the above terms. Others might have a vague idea but do not fully understand its meaning. Substantive Law simply means a body of law relating to the substance of some matter or the core of a particular subject matter while Procedural Law refers to a body of law pertaining to a procedure. Substantive and Procedural Law constitute the two main components of the entire field of law. This means that most legal规则,法规并且可以在这两个组件中找到过程。让我们仔细研究实体法律和程序法及其之间的区别。
What is Substantive Law?
Traditionally, Substantive Law is defined aswritten or statutory law that creates, defines and regulates therights,职责, liabilities, andobligations一个国家的公民。It is the law that defines the legal relationship between citizens or between citizens and the state. Substantive Law is extensive in that it encompasses all forms of public and private law in a country. Thus, it deals with bothcivil and criminal law。实体法的例子包括合同法,law of torts,财产法或刑法。实体法律有助于确定一个人是否已承诺crime or civil wrongand spells out the consequences attached to such conduct or acts. Thus, it lists the elements and substance of that particular crime or tort, or rather details the requisites that must be present to establish the crime or tort.
例如,实体犯罪法将列出构成谋杀的要素。同样,侵权行为的实体定律将规定一个人的权利和/或与某些特定实例有关的权利和/或职责negligence。Further, it will indicate what type of punishment should be imposed or what type of赔偿应该声称。
What is Procedural Law?
Procedural Law is defined as thebody of law that prescribes the steps to be taken in enforcing legal rightsor themethod by which Substantive Law is administered。换句话说,这是实体法中发现的权利和义务的机制或工具。法律机构涵盖了法院的规则trialsand lawsuits, both civil and criminal. In other words, it defines how a court should hear and determine civil or criminal cases and how such actions must be instituted. Procedural Law is in place to ensure that there is due process and fundamental justice. This means that all persons involved in a legal action or trial are treated fairly and equally at all times. The process adopted to file an action in court, the time limit for applications to court, the arrest and detainment of criminal suspects, and other such procedural aspects are all governed by Procedural Law.
程序定律与jurisdictionto jurisdiction and is typically found in a written code. For example, a criminal procedure code or a civil procedure code will prescribe the procedural rules pertaining to criminal and civil cases respectively. Think of Procedural Law as that body of law that details the manner in which the legal process functions or how it is practiced. It also includes rules of evidence. In the courtroom, Procedural Law governs the conducting of a trial and the manner of all those involved in the trial. Procedural Law applies not only to the parties to the action but also tolawyers,法官以及其他参与法律程序的人。
mechanism
What is the difference between Substantive and Procedural Law?
实质性和程序法构成了法律上的两个重要组成部分。从本质上讲,法律,司法和执法界受此类法律的指导。
• Substantive Law creates and defines the rights, duties and obligations of citizens within a country. It also governs the relationship between citizens or citizens and the state. Its purpose is to regulate and govern the conduct or behavior of people. This can be through various avenues such as rules that prohibit certain acts or conduct (criminal law), rules that govern contract or civil wrongs (contract or tort law), or even rules that govern real estate matters (property law).
•相比之下,程序定律是实体法则执行的机制。因此,它控制着法律程序。这意味着它规定了有关应如何提起案件的规定,应提出什么类型的证据,必须进行审判的方式以及法院必须如何审理和确定案件。
• Substantive Law defines the particular crime or wrong while Procedural Law stipulates the manner in which such a crime or wrong will be heard and tried in court.
•简而言之,实体法涉及犯罪或侵权行为的实质,而程序法则处理案件进行审判的过程。
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