共查询到20条相似文献,搜索用时 15 毫秒
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法官需要孤独,孤独不是寂寞,而是一种凝结了真善美的高贵品质。法官的孤独并不是与这个世界的分离,相反法官的孤独是关注这个世界发展的命运基础上的孤独。正是因为法官把握和感受到了这个世界的整体命运,所以法官的孤独才可能对这个世界产生一种推动的力量。法官的孤独是一种具有高度自主性的美好品德。 相似文献
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我国台湾地区于2003年6月5日公布了《民事诉讼合意选定法官审判暂行条例》,这在世界范围内是一项创新性制度,该制度反映出了对当事人程序主体地位的保障,充分尊重了当事人对程序的选择权。我国的司法审判方式改革已经进行了十余年,在我国《民事诉讼法》修改之际,通过借鉴我国台湾地区的司法制度改革,我国民事诉讼法的修改应提升公众对司法的信赖度、对裁判的信服度和接纳度,充分体现对人权的保障,在司法改革中坚持合宪性要求。 相似文献
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If judges are guardians of the law, who is to protect the individual member of society from the occasional corrupt, malicious, or reckless judge? The aim of this paper is to provide an answer to the last part of this question, focusing more heavily on cases of negligently inflicted harm. Departing from Simon’s bounded rationality and influenced by other constructs in behavioral law and economics, we view judges as satisficers who make decisions within real-world constraints, such as imperfect information and uncertainty, cognitive limitations and erroneous information. Judges are limited by the commonly observed barriers to the decision making process. Because their goal is not to optimize but to render opinions that are merely satisfactory, they often act as poor agents of their principals’ interests. In this light, it becomes clearer why judges tend to engage in behavior that is “improper”, especially under the circumstances of the currently overloaded judicial caseloads. We first address the differences in judges’ roles in Anglo-American and Continental legal systems. We then present our simple model for judicial misbehavior based on an understanding of judges as “satisficers”. Next we discuss the particularities of judicial errors and introduce a realistic and viable construct of “inexcusable judicial error”. On this basis we evaluate the impact of various incentive schemes on judicial behavior, focusing on the civil liability of judges. We conclude that civil liability for grave judicial errors is the most adequate remedy. 相似文献
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Martijn W. Hesselink 《European Law Journal》2011,17(4):441-469
The forthcoming instrument on European contract law, be it in the shape of an optional code for cross‐border contracts or as an official toolbox for the European legislator, is likely to have a spill‐over effect on private law adjudication in Europe. Judges will have no great difficulty in finding model rules and definitions that might come in handy when dealing with gaps and ambiguities in European private law. However, the question is whether such a role as a toolbox for judges would be legitimate. I discuss three types of possible legitimation strategies: traditional methods of legal interpretation, the new European methods and merely political legitimation. It will often depend on the circumstances of the case at hand and the characteristics of the particular model rule or definition that is being borrowed what mode of legitimation will prove to be more convincing. However, generally speaking legitimation in terms of the ‘general principles of civil law’ that the CJEU has recently been developing seems a particularly promising strategy. On the other hand, it seems unlikely that European courts could come under a duty, following from the principle of sincere cooperation, to use the instrument as a toolbox. 相似文献
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浅论我国法官制度的改革 总被引:1,自引:0,他引:1
法官独立原则是构建现代法官制度的理论基础,因历史传统及政治体制等原因,目前我国法官制度已不适应时代的要求。应更新我国法官制度的设计理念,改革法官选任资格、选任方式和保障制度,重构我国现代法官制度的设想。 相似文献
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Dave Cowan Sarah Blandy Emma Hitchings Caroline Hunter Judy Nixon 《Journal of law and society》2006,33(4):547-571
In this article, we draw on data obtained in interviews with District Judges about the factors which they say influence the exercise of their discretion in possession proceedings. Analysing the data set enabled us to create three ideal types of judicial decision—making which we have labelled 'liberal', 'patrician', and formalist'. We discuss the differences between each ideal type across five different variables: the District Judge role; approach; view of occupiers; the problem; behaviour of occupiers. Our data demonstrate a set of reasons to explain different approaches and outcomes between different District Judges (as well as the perhaps unlikely identification of a 'maverick' or 'idiosyncratic' style of judging). We conclude by suggesting on the basis of our data that, despite calls to structure or remove the discretion from District Judges, any such changes are unlikely to have much effect. 相似文献
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Robert Garner 《The Journal of Legislative Studies》2013,19(2):92-114
This article considers the reaction of legislators to the emergence of animal protection as a political issue. A quantitative analysis of legislative behaviour in the House of Commons and the House of Representatives in the late 1980s and early 1990s reveals (mainly through the identification of a small but significant group of legislators willing to promote concern for animal welfare) that the growing societal concern for animals has permeated into the political institutions of Britain and the United States. Examining the characteristics of these legislators suggests, moreover, that the most significant variable is party label, with concern for animals being associated with parties of the centre‐left. It is further suggested that there are good reasons to suppose that this association is no accident and that ideologically, there is a fit between animal protection and the ideals of the left. 相似文献