普通法的早期治理

Early Rule by the Common Law

英格兰普通法的形成不是任何单一权力意志的安排,而是多元选择的产物。郡法院最初可以被当作国王用以平衡地方权势的制度装置。缺少有效的地方代理人制度,国王不得不依赖于一支巡游的司法大军来实现王国的治理,普通法的司法治理模式由此形成。作为一项司法设置,陪审制度不仅为中央司法权威的扩张提供了公信力的保障,而且也是后者得以稳健运行的制度平台。随着越来越多的社会主体通过组成陪审团参与到法律事务之中,不经意间,普通法的大厦便被如此牢固地坐落在了民间普遍认同的基石之上。

The common law of England was formed not by the arrangement of any single power but by multi-choices. At first the prefecture court could be regarded as the institutional organ for the king to balance local powers. For Lack of effective system of local agent, the king had to depend on an itinerant judicial team to rule the kingdom and thus the judicial rule mode was formed. As a judicial setup, jury system not only has provided the guarantee of public trust for the expansion of central judicial authorities but also the system platform for the stable operation of the latter. With more and more social subjects participating in legal affairs by forming a jury, gradually the common law is generally acknowledged by the ordinary people.