私力救济的神话之维——兼论法院的产生

A Mythological Perspective of Self-help:Concurrently on the Coming into Being of Courts

不论希腊神话还是历史材料,都说明了私力救济在古希腊的盛行。荷马时代以私力救济为主导,但随着法律的成长,私力救济的局限性逐渐暴露,复仇的循环最终被打破,公力救济产生于私力救济的夹缝之中。后来,原始的法院及其程序规则不断进化,逐渐发展为相对完备的司法制度,出现了陪审法庭,最终形成了比较复杂的诉讼规则。

Both from the Greek myths and historical materials, one can find that self-help was popular in ancient Greece and it was a normal dispute settlement way in Homeric times. However, the evolution of law gradually revealed the limitations of self-help remedies, which resulted in the brokenness of the recurrence of revenges and coming into being of legal process remedies. Later, with the improvement of the primitive courts and their procedures, there appeared comparatively well-established judicial systems and courts with a jury, and at last we got more comprehensive litigation rules.