会议专题

JUDICIAL STYLE AND REASONING IN CIVIL AND COM MON LAW LEGAL SYSTEMS

Although civil code and common law judgment content,style and presentation are verydifferent,the aim remains the same—the need to make clear and precise findings onal 1 important matters.The judge’s role as the finder of fact and interpreter of the law in continental/civillaw systems in European countries and China is quite similar.Their judgments,usuallywritten by a panel of unnamed judges,differ in style from the individual ism of thecommon law judge where even on appeal unanimous judgments are the exception rather thanthe rule,and individual concurring judgments Can show an entirely different path ofreasoning to reach the same result.

Judith Clare Gibson Judge

District Court of NSW,Australia

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

209-235

2009-09-14(万方平台首次上网日期,不代表论文的发表时间)