In France and Germany, there are no guidelines or standards for citing legal documents. In France, the citation standard of legal documents is mainly based on a citation guide named "Comment rédiger une bibliography", but this book is not specially set up for legal subjects. The same is true in Germany, where only some books introduce abbreviations of German legal terms, such as Kirchner/Butz: abkü rzungsverzeichnis der Rechts Sprache (Berlin: de gruyter recht, 2003). Contrary to France and Germany, Japan and major countries in the Anglo-American legal system have a set of relatively common legal citation standards. Here are the most popular citation standards in the legal circles of the United States, Britain and Japan for your reference.
First, the citation rules of American legal documents in American blue books.
The most popular citation standard in American legal circles is the Blue Book: Unified Annotation System, or Blue Book for short. The Blue Book was jointly formulated by the editorial boards of Harvard, Yale, Columbia and Pennsylvania Law Review Societies and published by Harvard Law Review Society. Due to its own economic interests and copyright protection, there is no online version of the Blue Book. On its website (/), there is only very simple introduction and ordering information. At present, the latest version of the Blue Book is version 18 published in 2005, with a length of 4 15 pages. Here are some examples for reference according to the citation rules in the Blue Book.
(1) written law
The United States is a federal country, and both the federal government and the state government have their own legislative power. Therefore, written laws in the United States can include federal and state laws and administrative regulations. The written laws of the United States are not only compiled in chronological order (that is, in chronological order), such as the written laws of the United States, but also all the laws passed that year are compiled into separate codes, such as the United States Code. Therefore, the U.S. code compiled by theme is convenient to retrieve the current effective laws, while the law compilation compiled by year is convenient to collect laws and retrieve old laws. Therefore, the provisions in the Citation Code are different from separate regulations.
1.
Basic injection elements and formats:
Abbreviations and clauses of the Constitution of the United States.
Article 2 of the US Constitution 14 Amendment is quoted as follows:
Example:
The Constitution of the United States. Modify. Fourteen, two
2. American Code
Basic injection elements and formats:
Volume number Abbreviated clause number of the United States Code (year of publication).
Articles 19 and 24 1 1 (2000 edition) of the United States Code are quoted as follows:
Example:
19 American code 24 1 1 (2000).
3. Single law
Basic injection elements and formats:
The name of the law and its promulgation year, public law number, clause number and volume number. Abbreviated clause number (year of promulgation) of the American Law Collection (revised volume number "United States Code").
1996 Economic Espionage Law, Public Law 104-294, Article 20 1, Law Collection, Volume10, Page 3488, Page 349 1 (.
Example:
1996 economic espionage act. L. numbers 104—294, 20 1,10stat. 3488,3491(1996): to amend section 18 of the United States Code.
4. Code of federal regulations.
Basic injection elements and formats:
Volume number of the United States federal administrative regulations, abbreviation clause number (year of publication).
[Note]: The United States federal administrative code is updated once a year, so it is best to refer to the latest version of the code.
Article 3 19 of Title 7 of the United States Federal Administrative Code (2004 edition) is quoted as follows:
Example:
7 federal regulation no 3 19 (2004).
If you know the name of an administrative regulation, you should add it.
Example:
Federal trade commission credit practice rules, 16 C.F.R. 444 (2004).
When citing administrative regulations that have not been incorporated into the United States federal administrative code, the name of the regulations, the Federal Gazette or the home page of the Fed should be indicated. Register. , and citation page (year of publication) (articles and departments to be incorporated into the United States Federal Administrative Code).
Example:
Imports of fruits and vegetables. Register. 50,379,50,381(2004) (to be compiled in 7 C.F.R. pt.300).
5. American state statute law
There are 50 states in the United States, each with a different code name. If there is a blue book, please refer to the table 1: American jurisdictions.
Basic injection elements and formats:
State code abbreviation clause (latest publication year).
Article 207 of Chapter II of Missouri Amendment Act and Uniform Commercial Code is quoted as follows:
Example:
Mo. Rev. Stat。 400.2~207 (2004).
(2) Jurisprudence
The National Journalist System, compiled and published by West Group (formerly known as West Publishing), is the most comprehensive and authoritative case publication in the United States. It includes not only all federal cases, but also cases in every state. Therefore, it is best to quote the compilation of cases published by Western Group Press.
1. Federal case
Basic injection elements and formats:
Plaintiff's name v. defendant's name, volume number, abbreviation of case set and page number [abbreviation of court name (year of judgment exempted by the Supreme Court)].
Brown v. Department of Education, 349 U.S. Supreme Court Reports, p. 94 (1955), quoted as follows:
Example:
Brown v board of education, 349 U.S 294 (1955).
Mchenry v. Florida Bar Association, Third Series, 2 1, p. 1038 (1/Circuit Court of Appeals, 1994), quoted as follows:
Example:
McHenry v. Florida Bar Association, 21f.3d1038 (11thcir. 1994).
2. National precedents
West Group Press divides American states into seven regions, and then compiles local cases in each region into seven regional case sets. Namely Atlantic reporter, Southeast reporter, Southern reporter, Northeast reporter, Southwest reporter, Northwest reporter and Pacific reporter. At the same time, Western Group Press also edited and published some state case collections, such as California Reporter. Some state governments have also compiled and published official versions of case compilations. So it can be quoted according to the version of the case series.
Basic injection elements and formats:
Plaintiff's name v. defendant's name, volume number, case set abbreviation, page number [state abbreviation court name (the local Supreme Court may waive) judgment year].
The case of MBNA Bank v. Cardoso, which was decided by the Court of Appeal for the First District of Illinois on the page 189 of Volume 707 of the Second Series of Northeast Report, was quoted as follows:
Example:
MBNA, USA. Bank v Cardoso, No.707 Second Street, Northeast District 189 (Illinois. App。 1 block. 1998).
(3) works
Basic injection elements and formats:
Author, title citation page (version, publishing house, year of publication).
Example:
Lynn m Puschi & elizabeth warren, secured credit: a systematic approach 700 (3rd edition. Aspen company. Bus. 2000).
(4) magazine articles
Basic injection elements and formats:
Author, title of article, abbreviation of magazine name, first page of article, citation page (year of publication).
Example:
Ray Patterson, Legal Ethics and the Loyalty Duty of Lawyers, 29 Emory Law Journal 909,915 (1980).
Two, the American "Blue Book" citation rules of China legal documents.
In view of the fact that many China lawyers write articles and books in English and publish them in the United States, or write other legal documents to communicate with American judicial departments, businessmen and lawyers. Therefore, this section specifically introduces how to quote China's legal documents according to the requirements of the American Blue Book. The following rules are based on the characteristics of China's legal documents and the blue book (18 edition, 2005, pp. 258-263) on the citation of China's legal documents. The citation regulation of China legal documents in the Blue Book was drafted by William mcilroy. Mr. Ma is a well-known legal literature expert of China, Japan and South Korea in American law library. He's Marianne now? Gaud? Marian Galler Gher Law Library (University of Washington Law School) is an East Asian law librarian.
(1) special rules
The Blue Book not only specifies the citation elements and formats of American legal documents, but also sets the citation standards of foreign and international legal documents, and lists the special rules for citation of legal documents in 36 major countries and regions (including People's Republic of China (PRC), Hongkong and Taiwan Province Province). According to the relevant rules of the Blue Book, when quoting Chinese legal documents, we should first pay attention to the following special rules:
The file referenced by 1. is in Chinese.
When the cited documents are in Chinese, they should be cited according to the romanization or transliteration of Chinese Pinyin and proper noun abbreviations in the Blue Book. Usually, English translation names should be put in square brackets after the Chinese Pinyin of titles and proper nouns, but if there is no Romanization Pinyin of Chinese, English translation names should not be indicated separately. In order to facilitate readers to understand the original meaning of Chinese or check the original text or according to the editor's requirements, the author can add the original Chinese text in square brackets after Chinese Pinyin.
Gan: Establishing a judicial interpretation system with case law as the main form, Law Review 200 1, No.3, p. 137- 139. Can be quoted as follows:
Example:
Gan and Zhu Yaoxing's four methods of moral quality improvement [establishing a judicial interpretation system with case law as the main body]