近代早期英国巡回法庭探析

A Probe into Assizes in Early Modern England

起源于中世纪的巡回法庭,在近代早期成为英国司法组织的重要组成部分,获得了巡回审判的司法垄断权。近代早期巡回法庭的组织结构日趋完善,司法职能与行政职能也获得极大发展。巡回法官由职业法律者担任,通常每年两次到巡回区审理刑事与民事诉讼。巡回法官作为中央政府的代理人,是中央与地方的联系枢纽。巡回法官不仅传达中央政府的政策与法令,而且监督以治安法官为权力中心的地方政府,并指导业余的治安法官审理司法案件。巡回法官积极参与地方治理,为国家治理的发展提供强劲动力。

Assizes originated in the Middle Ages has become one of the vital type of courts in early modern England who gained the monopoly of circuit trial power. The composition of Assizes has been developing with development in justice function and civil justice. Professional lawyers were selected as the judges of assizes who circuit twice every year generally as agents of central government by linking the centrality and locality, they not only delivered orders and laws from the central government, but also supervised local government and helped justices of peace with difficult cases who participated in local governance actively by providing power for state governance.