法官法

《检察官法》、《法官法》是1995年2月颁布并于同年7月起开始施行的。

The Public Procurators Law and the Judges Law were promulgated in February 1995 and went into force in July of the same year .

我国法官法规定的法官惩戒制度很多方面都存在缺陷。

Judge disciplinary system regulated in The Law of Judge of China has many drawbacks .

因为这一年《治安法官法》的颁行，规定在英格兰每个郡内由一个领主和三四个富有且拥有法律知识的人来维持该郡的治安。

This Act prescribes that the peace of each shire shall be kept by a lord and three or four men with knowledge of law .

我国《法官法》、《检察官法》修正案虽然已将国家司法考试写入立法，但司法考试的具体内容还缺乏法律的明确规定。

China 's Judge Law and Prosecutor Law has been amended to include the judicial examination , but the relevant items such as its specific content have not yet been definitely defined .

中国法官造法的必要性及制度设计

Necessity of Making Laws by the Judge and Its System Design

法官制法有其必要性和客观性。

Making the law by judges has its necessity and objectiveness .

正直的法官重法不重人。

An upright judge has more regard to justice than to men .

英美法系的判例制度，实质上是一种法官造法。

The precedent system in fact is " judges make law " .

普通法系法官造法借鉴

On use the judge-made law of common law system

法社会学视野中的法官造法

Making of Law by Judges in the Field of Vision of Sociology of Law

我想要借法官的法锤锤核桃。

I 'm gonna ask the judge to smash this walnut with his judge hammer .

从这个意义上讲，法官造法不是别的，而是在创制裁判规则。

From this perspective , the judges actually create nothing other than the rules of adjudication .

关于法官制法的思考

On Making the Law by Judges

对英美现代司法权，作者着重剖析了源起于英伦的判例法制度（法官造法）对于司法权的影响，并探究其背后的经验主义哲学观。

Third , the author analyzes the modern judicial power that is characteristics of Case law system .

我国虽然在立法上不承认法官造法，但在司法实践中却存在大量事实上造法的情形。

Although being not admitted by Chinese legislation , judge-made law has become a regular case in the judicial practice .

“判例法”是法官造法的总称。目前，包括普通法、衡平法先例。

" Case law " describes the entire body of judge made law and today includes common law and equity precedents .

正直的法官重法不重人。对法律无知的人叫法盲。

An upright judge has more regard to justice than to men . People who are unaware of the law are described as legal-illiterates .

大陆法系的司法解释遵循着以制订法为基点，不允许无中生有的法官造法。

Continent judicial explanation , law of department follow the basic point of regarding making the law as , allow groundless judge make law .

现实主义法律思想既认可立法机关的立法权威，又赞成适度的法官造法。

Realism legal thought not only recognizes the authority of legislature but also agree on the law made by the judges to some extent .

解决法律漏洞的建议性思考&兼论司法实践中对普通法系的法官造法之镜鉴

The Propositional Thoughts on Solving the " Legal Loophole " Problems & To Partly View from the Judge-made Law System in Common Law System

问题的解决可通过借鉴普通法系法官造法获得实现。

The article analyses and points out that we can draw on the judge-made Law of the Common Law System to solve the above problems .

因此，中国法官造法具有一定的必要性，应该确立中国法官造法的指导思想和具体制度。

Making law by the judge is of necessity in China , and should establish Chinese guiding ideology and specific system for the judge to make law .

普通法系国家的法官造法理论和实践都经过了历史长期的检验和发展已经达到了完善的成熟阶段。

Common law countries of judge-made law theory and practice of history after a long period of testing and development have reached a mature stage of perfection .

建构我国的刑事判例制度，既不能走法官造法之路，也不能走司法解释之路。

While building the criminal legal precedent system of our country , we oppose the judge making the law , and also oppose the administration of justice explanation .

多年来，我为全国各地的法官、法学院的学生和实习律师讲过这门课。

Evidence became a lifelong speciality , and for many years I taught classes on the subject for judges , law students and practising lawyers throughout the country .

很多大陆法国家禁止法官造法，法官只能依据已有的法律判案，而习惯则是被排斥适用的。

The judge in many countries of civil law system is forbidden to make law , they can only adjudicate the case by the statute , not the custom .

先例判决不是法官造法，更不是法的渊源，这是与判例法的本质区别。

The precedent judgement is not the mean that judge make laws , even not the sources of law . It is the essential distinction between precedent judgement and legal precedent .

我国是一个成文法国家，这样的法官造法是危险的，但由此也说明了移植该制度的现实性与必要性。

As a statute country , it is harmful to have these types of judge-made law , which in turn , showing the reality and necessity of the immigration of the rule ( Assumption of Risk ) .

虽然围绕先例判决制度仍有各种争论，但是一方面，先例判决制度属于法院工作制度创新，而非法官造法；

Though there are various kinds of dispute around the precedent judgement sys-tem , on one hand , the precedent judgement system belong to work system innovation of court , but not the judge makes the law .

后来德国通过三个著名的案例：枯树案、撒盐案、兽医案确立了安全保障义务，德国主要是通过法官造法的方式通过安全保障义务来为不作为和间接侵权提供依据。

Germany through three famous case : " withered case "、" salt case " and " veterinary case " established security obligations . According to security obligations , provide the basis for indirect infringement and Omissions through the Judge-made law .