ترجمه کوتاه و فوري

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لطفا متن پايين رو که کوتاه هم هست خيلي خيل فوري و طبق معمول سليس و با کيفيت ترجمه کنيد .ممنون منتظر پيشنهادهاي منصفنه شما هستم . All papers collected in this book depict civil justice systems that see their role and social task somewhere between these two extremes. None of them is pure, in the sense that none of them denies completely either the confl ict-resolution or the policy- implementation goal of civil justice. Several authors speak of the multitude of goals (e.g. Chan and Chan, in Chap. 7 ), but in my opinion all of them could fall either under the fi rst or the second main goal. The systemic position and relative importance of the fi rst or the second goal are, of course, different. The fi rst apparent contrast may be between the jurisdictions that generally shy away from resolving disputes by court judgments, like mainland China, and those that, on the contrary, tend to use the courts and court judgments in private matters in a large number of areas, also in cases that would in other places be handled by other means, like the USA. However, this contrast may be softened upon closer examination. While Professor Fu clearly states that the ‘the courts [in China] are often viewed as a tool to promote policies and serve political needs’ (Fu: 8.1 ), the analysis by Professor Marcus may also imply, although in a somewhat different sense, that civil justice in America has the clear political purpose 5 of serving as a substitute for administrative modes of enforcement of legal rules. The widespread use of class actions and the use of punitive damages as methods of infl uencing or altering behaviour at the larger scale may also serve as examples that American civil justice has advanced far beyond the pure confl ict-resolution model of the liberal state. 6 In the civil law countries, the ‘dualist conception’ of the goals of civil procedure (Kengyel and Czoboly: 10.1 ) – the one that recognises both confl ict resolution and the implementation of trans-individual policies – is expressed in other terms. While the confl ict-resolution goal is often phrased similarly (as enforcement of substantive rights and obligations, authoritative determination of rights by provision of enforceable judgments, or resolution of disputes between individuals and businesses in accordance with the law), the expression of the policy-implementation goals is less uniform. In some countries depicted in this book, the trans-individual function of civil justice is expressed in terms of legal order: ‘civil justice protects legal order as a whole’ (Hungary), ‘the goal is to maintain social order’ (China), ‘legal order proves itself through civil proceedings’ (Austria) or ‘the aim of civil procedure is to strengthen legality and law and order’ (Russia). Some other formulas reveal more precisely the content of this goal and the way in which it transcends the individual interests of the litigants. Professor van Rhee speaks below ( 3.1 ) of two such particular goals – demonstrating the effectiveness of private law, and development and uniform application of private law. These two aspects include the elements of general prevention (based on the assumption that the citizens will be more likely to act in accordance with the law if they see that it works in practice) and the elements of general recognition and acceptance of civil justice (based on the assumption that the citizens will be more likely to respect their obligations if they have a clear horizon of expectations, and see that the law is uniformly and reasonably interpreted by the courts, in the light of the social changes and the new requirements of the society). 7 It is safe to argue that these two aspects are among the most generally accepted and the least controversial aspects of the policies that are viewed as the goal of civil procedure. 8 In a narrow sense, both goals may even be compatible with the liberal, confl ict-resolution concept of the goals of civil justice (if they are viewed exclusively from the perspective of effectiveness and costs). As a supplement to the preventive function of civil justice, some authors in this book speak of the educational goal and purpose of civil procedure. This purpose is, for example, noted in Article 2 of the Code of Civil Procedure of the Russian Federation (Nokhrin: 9.1 ). It is also noted with respect to China, though with the note that it is generally not achieved due to the easy and frequent challenges to fi nal judgments (Fu: 8.12 ). The educational function was also frequently cited in the former socialist states, where it was put in the context of demonstration of political ideology. For that reason, this function is today rarely cited in the other states, especially the (post-) transition states. Another indication of the policy-implementation goal of civil justice may be found in the concept of the socialisation of civil justice, understood in the sense that civil justice should promote social justice, and bring justice closer to the needs of the society at large. Although this concept was only conveyed in one chapter of this book, with a note that it was infl uential in the 1970s and early 1980s, and that it has today a ‘retro fl avour’ (Silvestri: 4.2 ), the ideas of the access to justice movement should not be completely disregarded. It seems that, at least in continental Europe, it is often considered that civil courts should promote the equal opportunities of both parties to protect their rights and represent their interests in the process, which may require some forms of proactive behaviour on the part of the judges in order to secure the equal chances of the weaker party in the proceedings.


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