英格兰巡回法庭之审思

The reflection of the England circuit court

作为王室集权之产物,英格兰巡回法庭的诞生意义重大。王室司法管辖权的日益扩大,不仅拓宽了民众的救济途径,促使国王和民众双赢局面的形成,同时也催生了英格兰地方司法"二元治理结构"模式和英格兰普通法的诞生,影响重大。而其退出历史舞台,固有出于英国立宪主义确立、王权衰微的大势所趋,但亦与制度自身的"超载",以及彼时期的战乱频繁的社会环境等休戚相关。虽然,其最终转由更具司法特性的"特殊巡回法庭"取而代之,但其自生至灭却是独一无二的存在,是堪为前车之鉴、后世之师般的重要存在。

As the product of royal centralization, the birth of the England circuit court had important significances. Along with the expanding of the royal jurisdiction, it not only broaden the public＇s judicial relief, but also prompled a win-win situation of the king and the people. Meanwhile, it promoted the ＂dual governance structure＂ of England local justice and the birth of the England eommon taw. About the cause of the decline, the establishment of the eonstitutionalism and the decline of the Royalty was the important reason. But the intrinsic cause of the system, and the frequently wars were the reasons. Although, it eventually replaced by the special circuit court, but it was always unique, and it was the important presence, namely the lessons learned from the past can guide one in the future.