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前几年听华东政法大学一位教授的讲座,讲了自己代理的有关公司僵局方面的一个案例,他对那个承办法官的判决很赞赏。虽然公司僵局案件很难办,法官在再三调解未成后,作出了一个在实践中行得通又让双方当事人接受的判决,教授由衷地称赞那是一个非常具有司法智慧的法官。这个称赞一直留在我的脑海里,以我个人的感知,这是对法官的最高评价。有感于此,我想以几个案例或者说是故事粗浅地谈一下法官的司法智慧这个话题。
A few years ago, I listened to a lecture by a professor from East China University of Political Science and Law and told myself about a case concerning the impasse of a company that I represented. He praised the judgment of the contractor. Although the corporate deadlock case is difficult to handle, the judge, after repeated mediation, has made a verdict that is both practical and acceptable to both parties. The professor sincerely praised it as a very judicious judge. This compliment has remained in my mind, in my personal opinion, which is the highest evaluation of judges. In this sense, I would like to talk about the judge’s judicial wisdom in a few cases or in a nutshell.