【12/14訪問學人Colin Hawes教授演講】
時間：2016/12/14（三）12:30-13:20
地點：臺灣大學法律學院霖澤館1501研討室
地點：臺灣大學法律學院霖澤館1501研討室
主持人：王文宇教授
主講人：雪梨科技大學Colin Hawes教授
題目：Judging Corporate Law Disputes in China and Australia:
Which Works Better, Common Law, Continental Law, or a Hybrid System?
內容簡介：
This talk will compare recent converging developments in judging corporate law disputes in China (PRC) and Australia. China has a continental law system, but it has developed its own unique practice of issuing Supreme People’s Court interpretations of the law, and more recently, a kind of modified case precedent system called Guiding Cases. Australia is a typical common law system based on the UK model, but in corporate law and other commercial law areas, it increasingly relies on statutory rules rather than case law to guide the behaviour of corporate stakeholders. The talk will show how judges in China and Australia have used contrasting interpretive tools to decide corporate law cases. However, both these “hybrid” legal systems still have major defects, and this talk will propose ways that each system can learn from the other to overcome their defects and create a fairer approach to adjudicating corporate disputes.
演講中英文並行
備簡餐，將發放時數卡，參與訪問學人演講滿二場，可抵服務或演講時數一場
