2004Journal of SwuplRequires access

On the System of German Courts

Liu Cheng

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Abstract

The system of German courts bears a distinctive mark of history in the process of its formation and development. It is greatly influenced by cultural heritage, economic system and trade union movements. German courts consist of the constitutional court, the common court and the special court. The constitutional court has the jurisdiction over violations of the Constitution, while the common court has the jurisdiction over general criminal and civil cases. The special courts include the administrative court, the finance court, the labor court, the social court, the patent court, the court- martial, etc. Apart from the constitutional court and the common court, all courts are not independent form the executive, but subject to corresponding administrative departments. By nature, special courts are quasi- administrative and quasi- judicial, but they are of more administrative characteristics.

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What this paper is about

The system of German courts bears a distinctive mark of history in the process of its formation and development. It is greatly influenced by cultural heritage, economic system and trade union movements. German courts consist of the constitutional court, the common court and the special court. The constitutional court has the jurisdiction over violations of the Constitution, while the common court has the jurisdiction over general criminal and civil cases. The special courts include the administrative court, the finance court, the labor court, the social court, the patent court, the court- martial, etc. Apart from the constitutional court and the common court, all courts are not independent form the executive, but subject to corresponding administrative departments. By nature, special courts are quasi- administrative and quasi- judicial, but they are of more administrative characteristics.

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Available abstract

The system of German courts bears a distinctive mark of history in the process of its formation and development. It is greatly influenced by cultural heritage, economic system and trade union movements. German courts consist of the constitutional court, the common court and the special court. The constitutional court has the jurisdiction over violations of the Constitution, while the common court has the jurisdiction over general criminal and civil cases. The special courts include the administrative court, the finance court, the labor court, the social court, the patent court, the court- martial, etc. Apart from the constitutional court and the common court, all courts are not independent form the executive, but subject to corresponding administrative departments. By nature, special courts are quasi- administrative and quasi- judicial, but they are of more administrative characteristics.

Key concepts: Law, Court of record, Original jurisdiction, Court of equity, Jurisdiction, Constitutional court, Political science, Law of the case

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