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| 篇名 | 美國之商事法庭 |
|---|---|
| 並列篇名 | Business/Commercial Court in the U.S. |
| 作者 | 伍偉華 |
| 中文摘要 | 世界銀行最新出版之二○一五年各國經商環境報告，我國在執行契約之項目，於一百八十九個國家中，僅排名第九十三，產官學界均有歸咎於我國法官專業與效能不足之聲浪，並倡議成立商事專業法院。當代專業商事法庭起源於美國，世界各國陸續跟進，本文擬簡介美國商事法庭、其支持與反對之論爭及我國之借鏡。 |
| 英文摘要 | The creation of specialized business courts in the United States has expanded greatly over the years. Business courts have been established and are operating in many states in the U.S. as well as all around the world. New York was the first state to respond to this movement when it created a commercial court pilot program in the New York County Supreme Court. Since then, many states and countries have created business courts at least in some part of their court systems. Despite being created around the same time, the business court programs in each state vary widely as to their procedures and their subject matter jurisdiction. Given New York, Delaware and North Carolinas success in attracting incorporations, the esteem are attributed to their specialized courts, other states have followed New York, Delaware and North Carolinas propitious lead. Both the Delaware Court of Chancery and the North Carolina Business Court exemplify successful business court systems. A brief history and description of existing business courts follows, along with an overview of the debate about business courts in the U.S. Finally, I will discuss what and how we can pattern after the U.S. system and experience. |
| 起訖頁 | 14-28 |
| 關鍵詞 | 商事法庭、商事法院、專業法庭、衡平法院、替代解決紛爭機制、調解、Business Court、Commercial Court、Specialized Court、Court of Chancery、Alternative Dispute Resolution、ADR、Mediation |
| 刊名 | 月旦法學雜誌 |
| 出版單位 | 元照出版公司 |
| 期數 | 201603 (250期) |
| DOI | 10.3966/102559312016030250002 複製DOI DOI申請 |
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