经验主义的思想在判例法中得到了具体的表现。
The empiricism in the ideology has its manifestation in case law.
经营判断原则是美国判例法确立的一项公司法制度。
The Business Judgment Rule is a corporate legal system set up in the American case law.
判例法在西方国家是伴随司法品质的培养而逐步形成的。
Case law formed gradually accompanied by the cultivation of the justice quality in western countries.
经验哲学之主导地位与判例法之发达间具有必然的逻辑关联。
There are some logical relations between the leading position of empirical philosophy and the development of case law.
显而易见,作为不成文法的判例法,它具有自己独特的特征。
Obviously, as the legal precedent law of the unwritten law, it has one's own unique characteristics.
判例法是法官判决案件的整合,至今包括普通法和衡平判例。
Case law describe the entire body of judge-made law and today includes common law and equity precedents .
判例法和成文法分别是普通法系和大陆法系的主要法律渊源。
Case law and statute law are individually the main source of law in the common-law system and civil-law system.
有关免责的判例法浩如烟海,此处只能论述几个有说明性的问题。
Case law on the exemptions is voluminous, and only a few illustrative issues can be treated here.
除了成文法外,判例法在世界范围内仍然发挥着极其重要的作用。
In addition to written law, customary law has retained an extremely important role all over the world.
并且对判例法是成文法的有效补足的理论给出人性方面的法理来源。
The theory that case law is the effective complement provides the source of legal principle of human nature.
判例是英国法的主要法律渊源,判例法也就成为英国法的法律传统。
The precedent is the main legal origin of English Law, the Case-law also becomes the legal tradition of English Law.
为了验证一条判例法的原则,就要在一千个以上的案例报告中大海捞针。
In order to verify a case-law principle there are over a thousand law reports in which to search.
现今英美法系的制定法日益增多,但仍无法动摇判例法基础性法源的地位。
Now the Common law have more and more statutes, but case law is still the basic legal source.
法律的通过是为了修改现有的法律,包括制定法和判例法,还有就是创设新的法律。
Acts may be passed both to alter the existing law, both statute and case law, and for the purpose of making new law.
根据我国冲突规范的指引确定的准据法为普通法系国家判例法的情形显得不可避免。
The situation that the applicable law determined and guided by the conflict rules in China is the case law for the common law countries appears unavoidable.
从春秋到秦汉,法律样式经过了从判例法到成文法再到判例法加成文法的混合法过程。
Mixing method legal style in Han Dynastys establishment, has established the case-law in Han Dynastys status.
对思想与表达两分法原则含义的把握,应同时从制定法与判例法两个方面来进行分析。
The principle should be analyzed from such two respects as drafted law and precedent law.
通过引入判例法与法典法相结合的“混合法”概念,论述了“混合法”的长处及发展趋势。
To draw forth an new concept "mixed law "coming from combining of case law and code law, and to expound the advantages and development tendency of "mixed law".
公司机会规则是英美判例法确立的一项重要公司法制度,是董事忠实义务的重要组成部分。
Corporate opportunity doctrine is an important corporate rule established by the case law, and it is one of the important parts of directors' duty of loyalty.
法院应该采取多种方法,包括我国司法解释规定的五种途径以外的其他方法查明外国的判例法。
The courts should ascertain foreign case law by various means, including yet not confined to the five channels provided in the Judicial Interpretation by the Supreme People's court.
行政判决有三种形态第一种表现为正式的法源,是一种正式的法律规范,称之为“行政判例法”;
There are three modes of administrative judgment. The first one is a formal legal norm which is called administrative case law.
素来坚持判例法传统的英国,在近30年来,其国际私法成文法也正日益取代判例法的主要地位。
In the last 30 years in Great Britain, a country sticking to the tradition of case law, the statute of international private law has increasingly substituted for the case law.
公司法人格否认是美国法院在审理公司纠纷案件中首创的一个判例法原则,也称揭开公司法人面纱。
Disregard of corporate personality is a case law principle initiated in judging corporate dispute cases by American court, also called by lifting the veil of the corporation.
它们已批准建造更快的火车或新的医院,授权更加严厉的判例法以及管理DNA样本和造血干细胞研究。
They have authorised faster trains and new hospitals, mandated ever tougher sentencing laws and governed DNA sampling and stem-cell research.
然而,作为一种创制法律、解释法律的技术方法而言,判例法与成文法并不是相互排斥、相互对立的。
However, as a method of legal creation and interpretation, the case law is not antagonistic to the statute law.
看起来可能会使人感到惊异的是,在美国,有时候对制定法的全国性调查相比判例法的调查更为艰难。
It may seem surprising that in the United States it is sometimes more difficult to make a thorough nationwide search of statute law than of case law.
我国法律对此规定较为简单和不完善,特别是对外国判例法的适用,在实践操作中遇到的困难的较多。
Chinese law has a relatively simple and imperfect description for that, especially, for the application of foreign case law, which has encountered much trouble in the practical operation.
由于受判例法、习惯和惯例的约束,许多的国家对双方达成合同的内容和条件的规定大多是非书面的。
Because of the constraint from the common law, usual practices and conventions, most countries don't ask the two parties of a contract to use a written agreement for contents and conditions.
琼斯的律师们又将此案上诉到联邦第八上诉法院,但判例法很清楚:如果上诉法院按照其判决行事,我就会赢得上诉。
Jones's lawyers had appealed her case to the Eighth Circuit Court of Appeals, but the governing case law was clear: if the Court of Appeals followed its own decisions, I would win the appeal.
琼斯的律师们又将此案上诉到联邦第八上诉法院,但判例法很清楚:如果上诉法院按照其判决行事,我就会赢得上诉。
Jones's lawyers had appealed her case to the Eighth Circuit Court of Appeals, but the governing case law was clear: if the Court of Appeals followed its own decisions, I would win the appeal.
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