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英国陪审制度论文-The formation of the jury system of Britain

The formation of the jury system of Britain

 

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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 carat at imperial edicts spirit of jury size

 

1 the origin of the jury system

1.1 the client frankish kingdom the 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.

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.

1.2 the administrative application field to justice from 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.



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