Legal Reasoning in Chinese and Swiss Appellate Judgments —Exploring China’s Path Toward Rule of Law
A mid hcated dcbares over uncurbed corruption in the judiciary,over professionalizadon or populanzation of the people”s judge，lack of transparency in the iudgment making process independence of the iudiciary,and so on，a new round of iudicial reform is launchcd in March 2009 with the release of“Third five-Year Agenda for the Reform of People”s Courts” the Supreme Court of People”s Republic of China．Few in—depth studies has Deen done however’to reveal the relationship between these controyersies and legal reasoning as a basic skill of legal practice and research．This paper compares and analyse。How the allied Swiss and Chinese legal systems facilitate jUStice through rcasoned Judgfncnt，and concludes that legal reasoning is a structural Wealkncss in thc Chinese ludlcaturc，legal education，as well as legal scholarship,a deficiency which is root to various problems fuelling current debater,It gives recommendadons to the legislator,Judlciary,and Iegal education policy makers as how to strengthen legal rcasoning and thereby rule of law in the on．Going legal reform．
国内会议
中国法学会法律文书学研究会2009暨《有效的法律写作——中法澳法律文书写作比较分析》国际研讨会学术年会
上海
英文
275-329
2009-09-14（万方平台首次上网日期，不代表论文的发表时间）