判決不當 的英文怎麼說
中文拼音 [pànjuébùdāng]
判決不當
英文
irregularity of judgment-
It can easily be removed and is not fixed to the ground, " kyodo news agency quoted the osaka high court as saying in its judgement. " under the city parks law, it is not permitted for a private individual to use a park as their address. " kyodo said the city office had appealed against the original ruling, concerned that it would encourage other homeless people to move into the park
它可以被輕易的挪來挪去而並非完全固定在某一塊地面之上。按照現行城市公園管理法規的規定,將公園當做私人通信地址的做法是不被允許的。 」推翻了以前的判決只要是為了防止該判決會鼓勵其他無家可歸的人也到公園來安家。If the judge could n ' t exclude the possibility of existence of reasonably adverse fact, in another words, he could n ' t come to the state of good faith, he will pronounce the defendant " not guilty ". in order to find facts of cases and restrict judges " subjectivity and abuse of power, doctrine of discretional evaluation of evidence has inherent and systematic restrictions : the base of judgment is evidences in adversary proceeding ; judges should conform to logic and experiences ; judges must come to the state of " good faith "
「排除合理懷疑」要求充分排除合理的反對事實存在的可能性,並本著誠實的判斷認為犯罪事實存在,才達到被告人有罪的內心確信,從而作出有罪事實的認定;如果法官不能充分排除合理的反對事實存在的可能性,或者不能依靠內心真誠的判斷來排除合理的疑問,就是未達到有罪的內心確信,應當作出被告人無罪的判決。Next, ( normal procedure ) general court is assure order of front courtyard careful, the presiding judge is checking the court is made after party record general still was not pressed to the litigant of front courtyard on time be less than front courtyard to handle without warrant refus, make judgment by default
其次, (正規程序)一般法院為保證庭審秩序,審判長在核對當事人之後並作法庭記錄將仍未按時到庭的訴訟當事人按無正當理由拒不到庭處理,作缺席判決。Party refuses to obey first instance of local people court adjudicates, authority is in on 15 days of since day introversion of judgment service court of one class people mentions appeal
當事人不服地方人民法院第一審判決的,有權在判決書送達之日起十五日內向上一級人民法院提起上訴。On the criminal objective side, the author analyses facts about the crime which have ability to enforce the judgment by people ' s court but refuse to do so, and then emphasizes the meaning and limit of having ability and handing principles. in order to explain the meaning of refusing to enforce, the author makes an analysis of different views currently existing in theory and practice. according to different criterion, the refusing act is divided into different groups
犯罪客觀方面,作者從本罪的罪狀「有能力執行人民法院判決、裁定而拒不執行」出發,重點論述了「有能力」的含義和范圍以及處理原則;對何謂「拒不執行」 ,作者針對當前理論與實踐中存在的各種不同認識,逐一進行了評價,並根據不同的標準將拒不執行行為分為:作為與不作為,公然與隱蔽,暴力與非暴力,主動型與被動型,並對分類情況進行了詳細說明。Finally, as part of morgan stanley s " 360 degree " review process, in which employees confidentially reviewed one another, investment bankers submitted written opinions of analysts with whom they worked. 46. investment bankers thus played a role in the annual evaluation of research analysts by providing substantive information that was considered in the year - end evaluation process and input into the determination of the analysts compensation for that year
實踐證明,這在任何情況下都是不可思議的,因而,如同司法程序中當事人無權干預法院作出可能不利於自己的判決一樣, wto的任何成員都無法「封阻」 dsb作出「判決」採用了相當溫和的「建議」一詞。The sentence on her is broken, annulled, annihilated, set aside as non-existent, without value or effect.
對她的那個判決已經被粉碎了,廢除了,銷毀了,被扔在一邊兒,全當毫不存在,毫無價值,毫無作用。In one case where a quarrel occurred among such men, the police arrested three young aulacese, who were then found guilty of disturbing the public order and sentenced to be returned to their native country
在2004年期間,又有不少類似的漁船來到泮大連港,使得當地有越來越多不同國籍的年輕工人。在一次糾紛事件當中,治安機關判決三位悠樂年輕人妨礙治安,因此準備將他們遣送回國。Litigation fraud does not only violate the litigious obligation of the litigant, directly disrupt the normal litigation order of the judicial departments and violate the reverence of law, but also make the opposing party unvoluntarily involved into a lawsuit and mislead the court to make a wrong verdict so as to harm the legal right and interest of the opposing party
摘要訴訟欺詐不僅違背訴訟當事人的訴訟義務,直接妨害了司法機關正常的訴訟秩序,侵害了法律尊嚴,同時,還使對方當事人無辜捲入訴訟,並通過法院的錯誤判決使其合法的權益遭到侵害。The restraints towards the parties for its action behavior, including : a ) the parties cannot use improper conducts to file a lawsuit with actual malice, b ) they cannot abuse their rights of action and misrepresent before courts to influence its judgment, c ) they will not lose their rights of action, and d ) estoppel ; 2
誠實信用原則的適用具體體現在: 1對當事人訴訟行為的約束,包括:禁止不正當行為惡意製造訴訟狀態,禁止濫用訴訟權利,禁止虛假陳述影響法院正確判決,禁反言,訴訟上權能喪失。Lunsford ' s dad was in the courtroom and he teared up as he listened to the judge to tell the case ' s victory
在場的倫斯福特的父親當聽到這件案件的判決時激動萬分(激動用在這里不是太妥當) 。President bush is criticizing a federal court ruling that calls his warrantless wiretapping program unconstitutional
一聯邦法院稱布希總統的竊聽裝置方案是不正當的,布希總統稱該判決是違反憲法。It is narrow in the traditional substantive law theory in which the object is the substantive legal relationships in dispute, but wide in the theory in which the object is a claim. the traditional subsantive law theory may cause a self - contradictory judgement, which hinders the settlement of disputes. therefore, the theory of claim should be adopted
一個理想的上訴制度,應當在盡可能簡易程序而不致過分拖延的同時,發揮其糾正錯誤、統一法律認識的功能,而我國上訴制度設計的不合理之處在於兩審終審制的審級過低,導致再審程序的頻繁啟動,極大地危害了終審判決的權威性。There was trouble bout something, and then a lawsuit to settle it ; and the suit went agin one of the men, and so he up and shot the man that won the suit - which he would naturally do, of course
然後是上法庭求得解決。判決對一方不利,他就挺身而斗,把勝訴的一方給槍殺了他當然會這么干。換了任何哪一位,都會這么干。 」After we have a superficial realization through comparatively studying legislation example of different countries and zones, this thesis begin to probe into me rule ' s principal and theory basis. stability of the decisions and respect the procedure are two principals that must be followed defending stability of the decisions is beneficial to defend stability of law relations that are caused by decision of shareholders, defend the deal safe, promote the efficiency of the companies. respecting the procedure is beneficial to present the value of the procedure, guarantee the rights and interests of shareholders from the procedure. theory basis of deciding grounds of action and dividing the kinds of action make up theory basis of the rule of rescuing laws on decision of shareholders. the final define of grounds of action that breaking the law and the constitution of company is decided by the nature of company law and the nature of constitution of company. on the nature of company law, there are some disputes, include forced law opinion, willfully law opinion and synthetic opinion considering present company law, i think the synthetic opinion is right the nature of constitution of company has two features : self - rule and ruled by law. in general, constitution of company is a kind of self - rule law that partly ruled by law
此外,本文還討論了確認決議不存在之訴與不當決議取消、變更之訴的存在價值,綜合考慮后,決定保留確認決議不存在之訴,廢除不當決議取消、變更之訴這一弊大於利的訴訟類別。除了總體探尋股東會決議瑕疵救濟制度的理論依據外,考慮到召集制度和決議方法在股東會決議制度上的重要性和二者具體內容的繁雜,本文還重點分析了召集制度上的瑕疵和決議方法上的瑕疵兩大訴由。另外,本文創設了「決議顯著不公正」這一新訴由以防止多數決的濫用,多數決的濫用多年來一直是股東會決議中的一大頑癥,但各國公司法卻一直對其缺乏明確的規制,筆者希冀以多數決的濫用造成決議顯著不公正這一現象作為訴由,並提出具有可操作性的標準,由法官裁量判斷是否構成多數決的濫用,以期彌補股東會表決制度上資本多數決原則的不足。When the existing laws fail to render a satisfactory judgment, equity applies
當現存的法律不能作出令人滿意的判決時衡平法就生效。This par * then discurses the effect of conclusion in form, effect of execution, effect of formation and effect of conclusion in substance respectively. the effect of conclusion in from means that when all the litigants agree upon the mediation paper. it ' ll have the same effect as a conclusive ruling which denies appeal
其次將從形式的確定力:即調解依當事人之合意成立時,調解即發生如同確定判決,不得依上訴聲明不服之狀態的效力,用調解筆錄取代依上訴聲明不服的方法,得以擔保承認其內容上之效力之合理的制度。Provided also that, where any of the services performed by the handling company hereunder relate to the carriage by the carrier of passengers, baggage or cargo directly to or from a place in the united states of america, then if the limitations of liability imposed by article 22 of the warsaw convention would have applied if any such act or omission had been committed by the carrier but are held by a court not to be applicable to such act or omission committed by the handling company in performing this agreement, then upon such decision of the court, the indemnity of the carrier to the handling company hereunder shall be limited to an amount not exceeding the amount for which the carrier would have been liable if it had ommitted such act or omission
而且,當地勤公司提供的服務,涉及航空公司運送之人員、行李、及貨物,在美國本土直接往來輸送;不當行為或疏失若是航空公司所犯,即可適用華沙空運公約第22條有限責任之規定;但地勤公司履行本合約的不當行為或疏失,經法院判決不適用該條文;則一旦法院判決確立,航空公司依約賠付地勤公司之金額,不得超出本身犯下上述行為或疏失時應付的賠償額。Part one is about the functions of types of administrative proceedings, including six aspects such as to provide protection for the parties, to set the proceedings, to avoid unnecessary cost of administrative proceedings, to adjust executive power and judicial power, to perfect functions of types of administrative decisions and to categorize reasons of administrative decisions etc. part two analyzes the current situations of types of administrative proceedings in our country
設定行政訴訟程序功能; 3 .避免訴訟成本不當耗費功能; 4 .調整行政權與司法權關系功能; 5 .完善行政判決種類功能; 6 .規范行政判決理由功能。第二部分是對我國行政訴訟類型的現狀分析。只有對現狀進行深入的認識和分析,才能把握住研究的方向,找到解決問題的途徑。But as for that, the two misdemeanants, wrapped up as they largely were in one another, could safely afford to ignore it as they very largely did till the matter was put in the hands of a solicitor, who filed a petition for the party wronged in due course
至於那兩個行為不端者就彼此沉溺在愛戀中,漠然無視這一判決。最後此案被交到事務律師手裡,他代理受到不利的判決的當事者按照程序遞上一份訴狀。分享友人