初民社会的神判与诉讼的起源

Ordeal in Primitive Society and Origin of Lawsuit System

初民社会后期,在酋邦时代,出现了神判的纠纷解决机制。它通过神灵的意志来决断嫌疑人有罪或无罪,确定当事人的权利主张是否成立。神判的历史悠久,影响至今不绝。作为一种纠纷解决机制,神判保证了解决问题的效率,还成功地塑造了审判的样式;它启发了人类司法观念的初步形成;其公开性与便民性的特征也对后世诉讼的发展影响殊深。因此,虽然具有明显的蒙昧与迷信色彩,但神判对后世人类诉讼制度的产生与发展起到了重要的作用。

In the later primitive society which may be named the chiefdom era, the ordeal as a system of dispute resolution e- merged. The ordeal decided the suspects to be innocent or not by the gods will and confirmed the rights and opinions of parties to be approved or not. The history of ordeal was so long and it even impacts the modern time as well. As a system of dispute resolution, the ordeal guaranteed the efficiency of dispute resolution and shaped the form of trials successfully. It also inspired the original judicial concept of humans and its characteristics of openness and convenience influenced the later litigation development very deeply. Therefore, the ordeal played a positive and important role in the origin and development of human＇ s lawsuit system, although its trait of ignorance and superstition was obvious as well.