英国硕士毕业dissertation之英国陪审制度形成探究-British form of the jury system

英国硕士毕业dissertationBritish form of the jury system

【 abstract 】

The jury system is British judge system the most characteristic lawsuit system, one of many complicated procedure British almost all and the jury has the close relation. And this system has been out of Europe, in the United States, and even China's people's juror system in the shadow of it. This paper will review the origin of the jury system, establishment, development and final forming.

【 key words 】

The client survey technology the Norman conquest of the spirit's carat imperial edicts of the size

The directory 】

A jury system, the origin of the......................................................................... 3

(a) of the frankish kingdom client survey technology.................................................... 3

(2) from the field to the judicial administrative application in the field of use........................................ 3

Second, jury system into Britain...................................................................... 4

(a) the Norman conquest of............................................................................ 4

(2) the establishment of the jury system in Britain and its meaning................................................. 4

1. The establishment of the jury system......................................................................... 4

2. From civil disputes expanded to criminal....................................................... 5

3. The jury system established the meaning............................................................. 6

Three, of the jury system development......................................................................... 7

(a) the jury role change................................................................ 7

1. To judge from prosecution witness to................................................................ 7

(2) the final shape of the jury system................................................................ 8

Four, conclusion..................................................................................... 9

Thank phrase........................................................................................ 9

Reference.................................................................................. 10

[text]

A, the origin of the jury system

(a) of the frankish kingdom client survey technology

About the prototype of the jury system, widely recognized now a view that comes from frank WangGuoJia lorraine dynasty judged the client survey technology (inquest), in all kinds of literature in the translation of each are not identical, a neighbor on nov.29, TuiWen formalities, neighborhood the jury, and so on, this paper used the client survey technology is based on the CARDS van Oregon professor works into the definition and translation. Its role is as a royal research method. It was the royal land and property are often private possession, and the king of his possessions and land quantity does not understand, in order to find out the land holding status, the king ordered the royal officials to detect all over the truth, to restore the power of the royal family. In the client survey, the king, officials and related personnel selected from neighborhood a certain number of people, after some specific after vows, an inquiry and survey, sometimes these people also will be required to go to controversial land to show that the limits of the land. Later, the method could be expanded to about personal and tax, and other aspects of the investigation. Frank to the client king the technology, is in order to effectively maintain justice and the rights of the royal family, and this technique is only the king to use, feudal lords cannot use.#p#分页标题#e#

Because of the lack of relevant literature and the case, so we can't illustrate this survey technology how specific in frank kingdom of use, but can believe is, in and lorraine dynasty decline, the normans grasp of the technology.

(2) from the field to the judicial administrative application in the field of application

In 911, established the principality of Normandy, from the north of the normans soon put the client survey technology into the trial the principality, at the same time, because of Norman man has a strong administrative power, they will the client survey the use of technology further expand the scope and use it as a formal, normal operation and management of the way the government. Central to the royal officials sent all over the investigation, the latter in local called jury, the latter need to swear on its know the answer to the facts. This method whether officers or judicial officers all administrative can use used to obtain the related information and material, such as administration officials will land ownership and the use of property, put forward a problem, the judicial officers ask the criminal suspect published for the accused is true opinion, etc. In this survey method under the help, Normandy principality quickly established a central organization system.

Should say, use this way because the reason or face the strong feudal lords and noble, royal must take effective management style and institutions make their own power can be done, and the client survey technology is the central place of exploitation of power to an effective way, this technology to help its established systematism bureaucratic management mechanism, and makes the strength of the principality of Normandy to grow up quickly. But based on the client survey of the technology of the survey group also is only provide evidence the truth of the witnesses, not what is now called the jury.

Second, jury system into Britain

(a) the Norman conquest

Jury system into Britain, began in the Norman conquest. In 1066, with a sickening, black he win, from the other side of the English channel to become Britain's king William, so started the Norman dynasty ruled. It has been said, at the sea on the boat William, with an invisible passengers, is the jury system.

Just come to the conqueror, British people obviously gave strong resistance, and foreign forces have tiger beginning. In order to implement centralized rule, William modeled after the system of the principality of Normandy to England's administrative and judicial institution reform, of course, he did not forget to the client survey technology the government management of the commonly used and effective modes into England.

In 1085, Britain faces Denmark the threat of attack, WeiLianYiShi anxious to know how much the British army and property for his control, this is an enormous project information collection activities. He spent a whole year to the national land, the time property, livestock and population, the overall "inventory". As he sent the investigators a such as represent demon, the content and very meticulous, that "not a cow or a sheep was missing and no records of", this make respondents are treading on thin ice, like an angel of god in accept doomsday, so the results of the survey was known as domesday book, its official name is should be the land tax survey book "or" Winchester's book. In this paper, called the "land record".#p#分页标题#e#

英国硕士毕业dissertationIn the national property inventory process, common the clients to the survey technique, composed of fact-finding mission must be honest answer questions sent officials to the royal family, otherwise they will be punished. In the information not developed, it is not clear conditions, this survey method to provide the fastest way to the king, the most true and accurate information, if not to adopt this survey methods, WeiLianYiShi is hard to finish his investigation.

The detailed list of land emergence of sure to England of the rule of the William, right from the peasants, the landlords and the nobility of the hand concentrated at his hands, and the later centralized rule plays a very important role. Of course, this time the survey was based on client and a jury of nature is still groups the witness.

(2) the establishment of the jury system in Britain and its significance

1. The establishment of the jury system

Because the client survey manner of useful and efficient, WeiLianYiShi after the royal family in the administrative affairs is used this technique, and he also played the survey technology of the most primitive function, or send royal officials to visit all over whether there is a violation of the royal family, and its right infringement behavior, so as to play to the hands of the monarchy, control the local administrative and judicial activities. But, the jury in Britain really can be established, and Henry ii is not divided. Is the legal system of Britain had an enormous influence rulers will investigate the jury fixed used in judicial judgment of the field.

In 1164, Henry ii promulgated the most influential "carat at imperial edicts spirit", according to the provisions of the law, circuit judges in the trial of the case land disputes, should be in the local knight and freedom of information about the circumstances of a case of 12 elected to serve on juries local residents take an oath on witness, and by they decide the case. This is the first time through the law the form of the jury system used in real estate in the case. Before this, Henry ii has created a series of reforms and the system of writs, it is the combination of the two systems and use, just make a formal and has the enforceability of the judicial system to forming.

In 1166, Henry ii again promulgated the spirit carat at imperial edicts ", to real estate in the civil jury system for further regulation and refined. Specified in the regulations, if the parties because land being invaded the lawsuit filed a claim refund, by all the parties should with no family relationship as jury trial in the insider and ruling. In 1176, Henry ii and further provides land all death at who have the right to occupy the land by the jury should decide. In 1179, due to the land of action in the courts gradually complicated, Henry ii issued the rights act, regulations, the parties may choose a court trial or duel, once choose the former, the judge called the real property is located with both sides are not related to the insider, ruling the ownership of the land. Through 10 years of legislation and constant efforts, the jury system in real estate litigation in the position and application method has been established. This is the first to determine the jury system for civil lawsuit type, after, this method will gradually extended to more types of civil lawsuits and criminal proceedings.#p#分页标题#e#

2. From civil disputes expanded to criminal crime

As mentioned above, the first jury system is only applicable to civil disputes (mainly is the real estate), to a 13 th century, according to the change of the social form the king and created a more order to entertain different types of civil litigation, in the order, the general include the provisions of the jury trial, since, the jury system is extended to a more civil lawsuit.

In the civil lawsuit, jurors to listen to both sides of the litigation statement and then make the decision, if the opinion of the jury cannot reach an agreement, we need to raise the jurors, until at least 12 jurors get agreement, this is juror consistent principle. Of course, if the ruling party thinks that a lawsuit not justice, can apply for to the higher court review. Accepting the application to the court of the jury trial of any individual 24, if 24 people make the different with the jury verdict, the original was overthrown, the jury members will be punished, if the review results that ruling, it also face the danger of the applicant to be punished.

In Henry ii big scope will be used in civil litigation jury system, shortly after he and this one system into it in the criminal procedure. The application scope of the expansion is the deep reasons have, just as the civil litigation rights, early criminal charges right and judicial authority in the local lords and master the most noble's hand. The master in private hands the criminal action of the most typical is the performance of the right to appeal against a felony, the appeal of different from modern appeal, it is to point to give the victim's male relatives or feudal lords to felony litigation rights, are only for a felony, because in ancient Britain, general bodily injury not be regarded as a crime, but most of the infringement, is not enough to bring criminal charges. Henry ii in order to take back the right of private master, expand the state judicial power, strengthen to national control and management, determined to find a solution, so, jury system was first consider to use this lawsuit field, the 1166 carats spirit's imperial edicts "regulation, the local county court and the court should call for local HuOu of 12 free to attend the court under oath, and then report the local guilty of robbery, theft and arson and murder, major criminal cases criminal suspects. In 1176, Henry ii was promulgated by the northampton act, provisions to a county circuit court, should be in each village called four prestigious people and they elect by one of 12 free man, to the court to form a "prosecuted the jury", also is known as "the grand jury" (Sue the jury), the jury by at least 23 people composition, by the defendant to report on trial. This and some the defendant will will accept "the water".

As you can see, at this time of the jury role is only for prosecution, not judge, because the defendant be reported still need to accept "the water" (the gods of the trial a), as for when the jury was to try, this paper will be after involved in these content.#p#分页标题#e#

3. Establish the meaning of the jury system

Just as the 12 th century, jury system for the whole of the UK and the establishment of the British royal family is of vital importance, mainly concentrated in two points.

The first point is the jury system by savage trial system to civilization, the reason and justice into the trial process. In the early days of the British, the main judge method is god sentenced to law, ShiZheng method, the duel notary law to wait for a few kinds. These methods are original, and behind even is cruel, but the result of the trial is often absurd, without any basis when. And with these wild, and absurd trial than method, the superiority of the jury system is obvious: first of all, the jurors were living in the local residents, and perhaps the case of insider, so they for the case, the parties, the local conditions and more than circuit judges to clear; Second, the jurors have time to survey the facts of the case, the evidence, questioning the witnesses and other relevant circumstances, this will greatly improve the verdict of justice, than on a single judge to tell right from wrong good, and easier.

The second is the expansion of the royal judicial power, limit the rights of the local lords, as well as the king strengthen centralized and unified national management, increase the national income to a great convenience. In Henry ii before, royal judicial power has been informal, trial system of too much emphasis on the aristocratic judicial authority, jurisdiction by local lords basically for manipulation, and the royal family can't place judicial intervention, this serious interfere with a royal centralization, and because the judicial trial in a lot of income into the local lords hand, and also to the Treasury caused great damage. Whether from the economic or political up consideration, the establishment of the jury system has extraordinary significance. It has limited the local lords of judicial power, expand the judicial power of the royal family, and increase the income for the national Treasury.

Three, the development of the jury system

(a) the jury the change of the role

1. To judge from prosecution to testify

The kingdom of clients from frank the survey technology to this day we have seen British jury system, it experienced a very slow process, in this process, the most important changes the nature and function of the way in expanding and transformation, this shift from the first used as a "group the witness" began to slowly, and the earth in Britain took root in the flowering, in the creation of the Henry ii and became a lawsuit under the group, and then, and gradually developed into a trial of the key factors to the results.

Had mentioned above, in the grand jury appear, witness and prosecution of question gets good processing, provided by the insider case process usually has high credibility when, it also means that the ruling the results should also have a credibility, but, at the time the decision method is still old, there is no scientific basis "the water", the judge method has at least two bad, the first it is brutal and primitive, that can't through this method to determine whether the defendant guilty, whether should accept punishment, but also to the jury and the evidence presented by the charges a so-called negative or weakened. The second is that still the hands of religious master in the judicial power, for the king fighting crime and control domestic order, justice to the majesty of the royal family is unfavorable. To this, once the public William iv took place god had laughed to law. In the first ten years of the thirteenth century by god in all the cases to law, only one of the defendants is guilty. The oldest and not reliable judgment method was more and more disgruntled, radmanovic even monks also denounced the barbaric practice. So in 1215 the fourth Lateran religious meeting, the Pope the northumbria provisions iii, the padres can't participate in god sentenced to activity, this regulation is announced the abolition of sentenced to god, because god should be sentenced on accompanied by religious ceremonies, the padres out and god is not convicted. The provisions in the UK and the execution of the rapid thoroughly. In fact, this time to god was abolished method, the king and a timely will the jury into the criminal trial, this is small the jury's production.#p#分页标题#e#

In fact, since the jury was introduced into small criminal trial, its function is not the witness and prosecutors, because the judge at the trial for the jury the fact that often put forward convinced, without thinking of the rated for the truth, and according to the jury directly the opinions of judgment, at that time the jury would have had "the trial" function and characteristics. Later in history, in constant practice, gradually become small the jury in the real meaning of the judge, and the final witness in the original function separation.

(2) the final shape of the jury system

From 13 th to the 15 th century, jury system finally to finalize the design, in this three hundred years of process, the jury system and experienced a series of change and improvement, and finally establish the us today to see British of the jury system basic system and principles.

First is size members separation, in small jury set up in the early stages of the foreign as close as possible to the blow domestic crime, so we must control the whole criminal trial, that is to say, to ensure that the jury in small as possible of the grand jury charged be sure and support, so the king from the grand jury that some members picked as small members of the jury, and then add a few symbolic of the grand jury outside of the jury, so, small the jury's verdict result can be controlled by for the king, because, in "a jury couldn't make a contradictory ruling" this principle, and participate in size of the jury a jury in the prosecution and the judge must make consistent said, that prosecution of the criminal suspect ruling also must be the guilty verdict, otherwise, the jury will be punished. The rules will be obvious cause because no fair, so has been for people of dissent, in 1351, the king ordered the defendant may have to members of the jury to small forward avoidance, this stipulation led directly to those involved in the prosecution of the jury members in judgment was out of the game. In Edward I, files, has rarely see the "four prestigious villagers" participate in the account of the trial, the jury that little has been gradually independent up.

Second is about the jury some of the rules for a long time in the practice of accumulated gradually rise, formed by for everybody and carry out the principle. There are four main, the first by a social level the same litigants of the jury, namely "the trial", such as the landlord class by the landlord class of the parties of the people for the jury. The second is juror must be a free land, this is to ensure that the jurors can his mistakes award compensation. The third is juror must be the local legal residents, not a criminal record. The fourth is that both parties can't jurors in any one party relatives or friends, in order to avoid favoritism and injustice.

Another is the separation of duties jurors, jurors original role of is the witness, that means they are cases of insider, but along with the development of society, population increase liquidity, in a case to find 12 insider become increasingly difficult, at the same time, because of the jurors to the wrong decision compensation, undertake punishment, so more and more people are not willing to a jury. So in Henry iv, jurors and the witness gradually separation, finally only by the jurors people outside the case as, by their evidence to confirm and make a decision, and need not again to the wrong judgment any responsibility.#p#分页标题#e#

By the grand jury charged, small jury right from wrong and trial, the case by case are stranger decision and not assume responsibility, and that is what we saw today the jury system. Also from the 12 th to the 15 th century hundreds of years continuously practice and development and final jury system of Britain.

Four, the conclusion

Summary earlier, see not hard, by us today as "represent the people view" of the original role of jury system is in order to maintain the monarch centralized rule. From its causes to see, is the king of the frankish kingdom in order to safeguard the rights and interests of the royal family to land on a survey technology, from its expansion and development, it is in order to meet WeiLianYiShi understand the national land property condition of this desire, from it was eventually introducing judicial, it still is to speak into the national management kingship every corner, but, in the later development, the jury system and become a "civil rights" the representative, become the "democracy" social an important part of the, the centralization of the transformation from to democracy is not determined by the jury system itself, but of the existing social environment and historical process of the decision, it's gradually change and improvement, also is in the development of history in order to find their own position, in a democratic and centralized game find a balance, the balance of the contradiction of each other, have to say when Britain of the jury system a unique features.

【 thanks resigned 】

First of all to thank my essay instructor LengXia teacher, in the opening, collect materials, writing, modification of the whole process, the teacher give cold helped me a lot, provide me with a series of very practical books and papers, help I can in earlier stage to collect some useful materials. In opening and modified process, cold for my paper the structure and some words statement also put forward some valuable revision opinion, so want to thank cold teacher to give me the guidance.

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