古代中英司法的公开传统之比较

A Comparative Study on the Traditions of Judicial Openness in Ancient China and England

通过考察中国和英国的古代司法史,可以发现,公开是中英两国司法一以贯之的重要传统之一。这个公开传统主要表现为两个维度:司法的过程公开;民众参与司法活动。由于古代两国的政治、经济、文化存在着异同,因而两国公开传统之表现既有暗合之处,亦有相异之处。厘清这些问题,有助于洞见中英传统司法文化,亦有益于中国当代司法建设。

A detailed investigation of the ancient judicial histories of China and England has revealed that judicial openness was one of the important traditions of the ancient Chinese and English judicatures. This openness demonstrated itself in the two aspects ： the judicial process was made public and the masses participated in judicial activities. Because of the similarities and differences in polities, economy and culture, such tradition of judicial openness displayed coincidences as well as differences in the two countries, the elaboration on which will be of great signifieances not only in the study of the judicial cultures of ancient China and England but also to the construction of the contemporary judicature of China.