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司法经验与智慧是裁判文书的灵魂。Judicial experience and wisdom is the soul of a judicial adjudicative document.
王宏丞则认为,赔偿标准的确定一直是判决难点。Wang Hongcheng thinks, compensating for a standard is adjudicative difficulty all the time surely really.
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这个标准不会对司法审判产生任何影响,也不会左右判决结果。This standard won't produce any effects to judicatory adjudgement, also won't control adjudicative outcome.
民事诉讼中的自认,具有拘束审判权力和免除一方当事人举证责任的功能。The self-admission in civil proceeding can confine adjudicative power and free the litigant of burden of proof.
此次判决法院主要是以盗窃罪进行的认定,因此刑期比较长。This adjudicative court basically is maintain with what larceny undertakes, because this term of imprisonment is compared, grow.
司法权的被动性能有效防止审判权的专横擅断,确保裁判公正。The passivity of adjudicative power is capable of preventing a judges peremptoriness effectively and ensuring fair adjudications.
请设置知识产权审判工作机构的地方各级人民法院参照办理。The people's courts at various local levels that have set up an intellectual property adjudicative organ shall take it as reference.
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之前有过的案例,判决的结果也各不相同,认为侵权和不侵权的学者都有。There is the case that pass before, adjudicative result also each are not identical, think tort is mixed not the scholar of tort has.
有鉴于此,在实际操作中,区分规则和裁断命令的主要因素是前者的“普遍适用性”。In practice, therefore, the primary factor distinguishing a rule from an adjudicative order is the "general applicability" of the former.
海事法院的审判机构和办事机构的设置,由最高人民法院规定。The establishment of adjudicative apparatus and administrative offices of the maritime courts shall be decided by the Supreme People's Court.
根据刑法司法解释是否具有普适性,刑法司法解释应分为刑法立法性解释和刑法裁量性解释。The judicial explanation of criminal law could be classified as legislative and adjudicative explanation based on whether it is universal or not.
第三章为“裁判文书制作的域外比较”,从比较法的角度看,国家之间法律文化交流离不开裁判文书。From the perspective of comparative law, the exchanges between law cultures in different countries can not be separated from adjudicative document.
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检察权具有监督性,但对于法院,其监督是通过诉权对审判权的制约来实现的。Procuratorial power is a kind of supervisory power. Its supervision on the courts is through the restraint of litigious rights on adjudicative power.
此后,我国司法裁判文书书写制度的改革日益推陈出新,并取得了一定成效。Thereafter, the reform of the writing system of adjudicative document increasingly weeds through the old to bring forth the new, and gets some success.
由一家医院制定的这样一个标准并不会对司法审判产生任何影响,也不会左右判决结果。A such standards that establish by a hospital can not are opposite judicatory adjudgement produces any effects, also won't control adjudicative outcome.
如果说刑事审判是刑事诉讼的中心环节,那么,刑事裁判权的归属问题则是这一中心环节的核心问题。If one can say criminal trial is the center of criminal procedure, then one should say who should have adjudicative power is the key issue of criminal trial.
以诉讼权利与审判权力的关系为标准,可以将诉讼权利分为程序请求权和程序形成权两种类型。According to the relation between the right of action and adjudicative power, the right of action can be divided into procedural right of claim and formation.
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不过多数意见确认了委员会的行动,因该机关是在合法裁断式诉讼期间命令怀曼一戈登公司提交名单的。Nevertheless, the plurality upheld the Board's action, because the agency had ordered Wyman-Gordon to produce the list during a valid adjudicative proceeding.
而正确把握量刑的方法,对做到“罚当其罪”和“罪刑相适应”至关重要。To grasp the method of adjudicative of punishment correctly is the core of "principle of suiting punishment of crime" and "punishment in keeping with the crime".
通过裁判文书,法官不仅向当事人表明判决的合法性,而且也向社会证明司法的公正性。Through the adjudicative document, the judge not only manifests the legality of the judgment to the parties, also manifests the impartiality of jurisdiction to the society.