History of the Development of Australian Law

Author: He Qinhua
Publisher:
Publish Date: 2004-08-01
Features: Australia is a beautiful country, and its legal system is distinctive. In terms of the constitution, it has developed a unique federal system and an electoral system known as the "Australian voting system" based on the experiences of the United Kingdom and the United States. In civil and commercial law, it has established a "Torrens land registration system" with Australian characteristics after reforming the feudal land system of the United Kingdom. In criminal law, it has not only successfully transitioned from a British penal colony to a highly skilled immigrant nation but also maintained a relatively low crime rate. In labor law, it has created an arbitration system where the federal government acts as a "neutral authority" to mediate labor disputes, based on its experience in the legal system of the United States. In consumer law, it has established a distinctive tax system, including a 10% goods and services tax, luxury car tax, and alcohol excise tax, which effectively balances the interests of all parties in the secondary distribution of society. In environmental protection, it has formulated numerous laws and regulations, creating a comprehensive legal protection network. In international law, it has developed efficient, convenient, and productive legal systems for international investment, international trade, international business, and international finance. However, for such a distinctive and enlightening legal system of Australia, we have known little about it in the past. In recent years, with the expansion of exchanges and cooperation between China and Australia in various fields such as economy, politics, culture, and education, our introduction and research on its legal system have also increased. Works such as "Law: Reason and History—Australia's Ideas, Institutions, and Practices" edited by Xu Zhangrun and Xu Ping (China Legal Publishing House, 2000 edition) and "An Outline of Common Law and Equity Principles—Selected Cases of Australia" by Jiang Weilian (China University of Political Science and Law Press, 2002 edition) have been published. However, there has yet to be a comprehensive book that introduces and reviews the entire development process and institutional structure of Australia's legal system. This book is written for this purpose. As the third volume in the series "Legal Development History of Countries Around the World," a key discipline project of Shanghai, it was supported by the project's funding from the start of its establishment, data collection, writing, to publication. During the writing process of this book, we also received enthusiastic help from Tan Zhenjing, a doctoral student at the Faculty of Law of Bond University in Australia; Zuo Bing, a master's student at Washington University in St. Louis in the United States; Feng Yinru, a doctoral student in the field of foreign legal history at East China University of Political Science and Law; Gu Yingying, a master's student; Yang Yin, a doctoral student in the Constitutional and Administrative Law Teaching and Research Office; and Zhu Yingping, a doctoral student. Director Jiang Hao of the Legal Academic and Comprehensive Publishing Department of Legal Press and editor-in-chief Zhou Lijun have also devoted much effort to the publication of this book.