adversary system

adversary system. A procedural system, such as the Anglo-American legal system, involving active and unhin-dered parties contesting with each other to put forth a case before an independent decision-maker.

— Also termed adversary procedure; (in criminal cases) accusatorial system, accusatory procedure. Cf. INQUISITORIAL SYSTEM.

“The term adversary system sometimes characterizes an entire legal process, and sometimes it refers only to criminal procedure. In the latter instance, it is often used interchangeably with an old expression of continental European origin, ‘accusatorial procedure,’ and is juxtaposed to the ‘inquisitorial,’ or ‘nonadversary,’ process. There is no precise understanding, however, of the institutions and arrangements denoted by these expressions.” Mirjan Damaska, “Adversary Procedure,” in 1 Encyclopedia of Crime and Justice 24, 24–25 (Sanford H. Kadish ed., 1983).

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词条贡献者

双语律师Max，国际知名法学院法律专业，擅长翻译各类与航空航天、国防及政府服务相关的法律文件。