文书审"与司法公正观

Trial by Charters and concept of Judicial Just

公正是司法活动的追求目标和价值标准。在不同的社会中,人们对司法公正的理解有所不同,法律制度对司法公正的侧重也有所不同,有的重视或强调司法的实质公正或实体公正,有的重视或强调司法的形式公正或程序公正。英国历史上的"文书审"起源于"神明裁判",其强调的是司法的形式或程序公正。随着社会的发展,"文书审"逐渐演变为现代文书证据规则,而这也体现了司法公正观念的变化。考察英国的这种发展变化,对于我国当前的司法改革以及司法公正观念的确立都有借鉴意义。

Justice is the goal and standard of judicial activities. In different societies, peoples understanding of judicial just is different, and the legal systems emphasis on judicial just is also different.Some emphasizes the substantial or substantive justice, while some emphasizes the formal or procedural justice. In British history, the Trial by Charters originated from the Trial by Ordeals, and its emphasis was the formal or procedural justice. With the developments of the British society, the Trial by Charters gradually evolved into the modern rules of documentary evidence. The evolution reflects the change of the concept of judicial just. A study of the development and the change in Britain would be beneficial to the judicial reform as well as the establishment of concept of judicial just in China.