司法判例制度比较研讨会.doc

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1、1司法判例制度比较研讨会议程主办单位： 中国人民大学普通法中心 英中协会 中国行为法学会法律语言文化研究会时间： 2014 年 12 月 17 日（周三）上午 9：00-12：00地点： 中国人民大学明德法学楼 601 国际报告厅第一阶段：司法判例制度的界定和比较 9：00-10：30 主持人：何家弘 发言人：（每人 8 分钟） 张志铭 张卫平 黄风 冯军 朱景文 王晨光 王人博 Roger Grenfell Toulson Jeremy Cooper第二阶段：中国司法判例制度的现状与完善 10：45-12：15 主持人：时延安 发言人 赵晓耕（中国古代） 黄京平 姚辉 徐昕 梁根林 熊秋红

2、李贵方 Martin Edmunds David Robinson212：30 午餐参加人员： 王秀红，中国女法官协会会长、中国行为法学会副会长 张文显，中国法学会副会长、人民大学普通法中心学术委员会委员 胡云腾，最高人民法院审委会专职委员、人民大学普通法中心学术委员会委员 王晨光，清华大学法学院教授、人民大学普通法中心学术委员会委员 朱景文，中国人民大学法学院教授、普通法中心学术委员会委员 梁根林，北京大学法学院教授 张卫平，清华大学法学院教授 王人博，中国政法大学教授 黄风，北京师范大学法学院教授 徐昕，北京理工大学法学院教授 李贵方，德恒律师事务所主任律师韩大元，中国人民大学法学院院长、

3、教授 何家弘，中国人民大学法学院教授 张志铭，中国人民大学法学院教授 赵晓耕，中国人民大学法学院教授 黄京平，中国人民大学法学院教授 姚 辉，中国人民大学法学院教授 冯 军，中国人民大学法学院教授 马小红，中国人民大学法学院教授 时延安，中国人民大学法学院教授 刘品新，中国人民大学法学院副教授3英国法官简历：Lord Touslon Roger Grenfell Toulson was appointed as a Justice of the Supreme Court in April 2013. Prior to this, in 2012 Lord Toulson gave the l

4、eading High Court judgment in two widely reported right to die cases. Lord Touslon was called to the Bar by The Honourable Society of the Inner Temple in 1969, after which he joined the Western Circuit. After working as a barrister for a number of years, he became a QC in 1986 and a bencher of Inner

5、 Temple in 1995. In 1996, Lord Toulson was promoted to the High Court of Justice in the Queens Bench Division. He was thereafter made the presiding judge on the Western Circuit, until being appointed in 2002 as the Chairman of the Law Commission of England and Wales. Following his promotion to the C

6、ourt of Appeal in 2007, Lord Toulson was also appointed as a member of the Privy Council and the Judicial Appointments Commission, the panel which is charged with selecting new judges in England and Wales.Lord Toulson is also a supporter of the Marriage Foundation, a campaign group whose aims are to

7、 reduce the number of relationships which break down and increase public understanding of the nature and benefits of marriage. He was educated at Mill Hill School in North London and studied Law at Jesus College, Cambridge, where he now serves as an Honorary Fellow. In 2006, he co-authored a textboo

8、k on the English law of confidentiality with Charles Phipps.Professor Jeremy Cooper, M.A, Ph.D. FRSAJeremy Cooper is Director of Training for Tribunals in the Judicial College, London. He has written, trained and taught widely in the field of judicial education, social services, mental health, and d

9、isability law for many years, both in the UK and abroad, and has served as Training Adviser to the Senior President of Tribunals. Between 2012 and 2014 he served as an expert member of the European Commission funded study on Best Practices in the Training of Judges and Prosecutors in the EU, and he

10、currently sits as a Tribunal Judge in both the first-tier Tribunal and the Upper Tribunal, having previously acted as Southern Regional Chairman of the Mental Health Review Tribunal. Jeremy Cooper has worked in collaboration with the International Labour Organisation (ILO) in Geneva as a legal consu

11、ltant to the governments of Australia, the Peoples Republic of China, and East Timor. In 2000 he was appointed the UK member of the European Commission Network of National Experts on Combating Discrimination on Grounds of Disability, and from 2006-8 he was the government appointed Chair of the Menta

12、l Health Bill Implementation Group. He is the author of several books including Public Legal Services (1983), The Legal Rights Manual (1996), Disability and the Law (1996) (with Stuart Vernon), Law, Rights and Disability (2000), and the Care Homes Legal Handbook (2004). He is an Honorary Visiting Pr

13、ofessor at the Universities of Kent and Middlesex. Prior to becoming a Tribunal Judge he was also Dean of the Law Faculty at Southampton Institute.District Judge (Magistrates Courts) David Robinson4David Robinson was appointed to sit as a deputy district judge (magistrates courts) in 2009 and in May

14、 2013 was appointed as a district judge (magistrates courts). He sits in magistrates and youth courts primarily hearing lengthier or more complex criminal cases which fall within the summary jurisdiction. As a district judge his role includes making bail decisions, case management, determining of is

15、sues of both law and fact and the sentencing of offenders in relation to high volume casework. He also sits as an independent adjudicator in relation to matters of prison discipline. He has recently contributed to judicially-led projects to improve the handling of disclosure in magistrates court, to

16、 update the magistrates court sentencing guidelines and to improve judicial case management skills across magistrates courts. He is currently taking a leading judicial role in local case management initiatives to address backlogs of summary trials and to address their causes. Prior to appointment as

17、 a district judge, David practised for 18 years as a barrister with the Crown Prosecution Service (CPS). He was called to the Bar in 1993, winning the Barstow Scholarship. After undertaking a wide variety of roles within the CPS, in 2009 he was appointed chief crown prosecutor of CPS Hertfordshire.

18、In 2011, following the London riots he was appointed to act as deputy chief crown prosecutor for CPS London with responsibility for thousands of cases arising from the disorder. He was also responsible for the conduct of all prosecutions in Londons magistrates courts. Specialising in particular in i

19、ssues of case management, David has written and delivered training courses on diverse legal topics, and has regularly lectured at national and regional prosecution conferences.His Honour Judge Martin Edmunds QCMartin Edmunds has been a tutor judge for the Judicial College since 2005, and is Deputy C

20、ourse Director of the Long and Complex Trials Course. In July 2014 he was appointed one of the two Circuit Judge members of the Criminal Procedure Rule Committee which drafts the rules under which the criminal courts operate. He qualified as a barrister in 1983 and commenced practice in the West of

21、England dealing with both criminal and civil cases. He was appointed a Recorder (a part time judge) in 2000, and in 2006 he was appointed Queens Counsel and both prosecuted and defended serious criminal cases as a barrister until he was appointed as a full time Circuit Judge in 2009. He sits on crim

22、inal cases at the Crown Court in Isleworth, a 13 court crime centre in West London which takes work from an area from central London to Heathrow Airport. Martin continues to train with his Inn of Court, Middle Temple where he is a Master of the Bench. Martin was educated at the University of Cambrid

23、ge and has been involved in the training of advocates for many years in England, also leading courses in Malaysia, Mauritius, Malawi and Cameroon. He has taken a particular interest in cases of Human Trafficking, and has written a guidance paper for Judges on trying such cases. He is a consultee on the present Modern Slavery Bill being considered in the UK Parliament, and attends Council of Europe and Organisation for Security and Cooperation in Europe conferences on that subject.