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Essay代写:The royal court of England

2019-03-13 | 来源:51due教员组 | 类别:Essay代写范文

下面为大家整理一篇优秀的essay代写范文- The royal court of England,供大家参考学习,这篇论文讨论了英国的王室法院。英国普通法的形成和发展是一个漫长而繁杂的历史过程。而王室法院作为英国普通法诞生和发展最主要的依托,其背后的制度优势是使其区别于其他法院并最终影响普通法精神的重要原因。另外,王室法院的发展本身,也是英国普通法发展的重要一环。

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The formation and development of English common law is a long and complicated historical process. To understand and trace the historical origin of the development of English common law, it is necessary to refer to the royal court. Just as the parliament of the continental law system played a decisive role in the formation of the code, the development of English common law was closely related to the royal court. The development of the royal court itself is also an important part of the development of English common law.

Before 1066, England was divided into separate kingdoms, large and small, each with a sphere of influence and a manor. They governed their own judicial cases and civil disputes in their own estates or regions, and gradually formed their own judicial habits, which were called "community common law". At that time, the court was not purely a judicial organ, but more like a public council to deal with various public affairs and civil criminal disputes in the community. It was not until the Norman conquest of England in 1066 AD, when a centralized government was established, that things began to change. Instead of completely overturning the existing order, the duke of Norman chose to accept the rules of the traditional English law of local "secession". However, such a judicial system was too chaotic after all. If there was no relatively unified judicial system in England, which was already a loose feudal manor model, it would be very unfavorable for the royal family to safeguard its own rights and interests. Therefore, in order to strengthen the centralization of power, the king decided to start with judicial jurisdiction and judicial system, and established the circuit system. It is amusing to say that the circuit was at first a pleasure carried out by the king in order to make the place fit for his court, when all the tax money and food had been used up. These itinerant judicial officers were appointed by the judges and by the Treasury.

The establishment of circuit system has important influence and significance. First of all, it made the royal court gradually understand the common laws in different places, most of which were Germanic common laws. In essence, the process of royal court's circuit trial in different places was also the process of learning and digesting the common laws in different places. After these judges returned to the central government from the local areas, they summarized and integrated in constant exchanges and practices and applied them to judicial trials in various regions, thus gradually unifying the local customary laws. Moreover, the king strengthened the king's control over the national judicial system by constantly expanding the jurisdiction scope of the royal court. As a result, more and more residents resort to the royal court, which results in the accumulation of royal court cases, and the whole royal court is buried by the cases. In some places, representatives from the region were sent to the king's office to deal with the case and communicate with the king. It was soon followed in almost all regions, and the delegates gathered round the king to give their opinions and opinions on cases and public affairs of the state, which became the house of representatives. Local residents, who "appealed" frequently, used to take their cases to the ministry of finance, which set up a judicial body, later the central court. It became a royal court along with the general court and the fiscal and taxation court under the ministry of finance. In the following hundreds of years, through the accumulation of cases and judicial practices, the British royal court gradually emerged and developed. The development of English common law system and its origin also started from here.

In the above discussion, we have retained one of the reasons why royal courts are more popular than other courts. Because in England at that time, the court system was established not only by the royal court, but also by the county court, the court of baihu and the court of manor. And the popularity of the royal courts depended not just on the king's coercive orders. Under the system of feudal manorial system in Britain, the king did not have jurisdiction over the territories divided by his subjects, so the royal court, as the court of first instance, carried out circuit in various places and the local manor court and baihuyiyuan court were equal and free competition. There is no doubt that the royal court won in the end. Such a victory has its essential reasons and institutional advantages, which are embodied in two aspects: writ system and jury system.

Writ system itself is not the same as writ doctrine. The latter only refers to the permission system adopted by the judicial organs for the investigation activities or coercive measures taken by the investigators during the investigation stage to infringe upon citizens' personal rights or property rights. In the 11th and 12th centuries in Britain, this writ refers to an executive order issued by the king requiring relatively artificial or non-specific behaviors. By Henry ii, it had become an order from the king's clerk of the court ordering both parties to settle their disputes before the king. Subsequently, due to the various types and forms of disputes, the writ also changed a lot. Under the influence of different disputes, different kinds of writs appeared gradually, such as debt writ, tort liability writ, negligence liability writ and so on. At the beginning, writs only dealt with disputes related to land ownership. Later, as the number of cases increased and the jurisdiction of the royal court expanded, the number of writs also increased. As the civil law system is legislation-centered, many rights and obligations are predetermined by law, and corresponding procedures and measures are stipulated to guarantee them. However, the Anglo-American law system is different. The Anglo-American law system takes the justice as the center and safeguards the basic rights of citizens through judicial means and judicial remedies, while their codes rarely publicly state the specific rights they have. Some people may say, if the law does not stipulate the rights of citizens, then how does the law protect the rights of citizens? For example, in the tang dynasty, there might be no law such as the law on the protection of consumers' rights and interests, but this did not prevent a citizen in the tang dynasty from claiming rights from the seller because he bought fake cloth. Moreover, in Britain, the specific implementation of citizens' rights by means of judicial relief does not need specific provisions of laws. That is to say, where there is jurisdiction, there is remedy, and the right to remedy is called a right, and the writ itself is the mode of jurisdiction. Therefore, the writ system itself is a right, and it is a right that can be remedied.

The jury system is very old, it's not even English. The earliest jury was that when the king ordered his ministers to make a tour of the place, the local ministers sent local villagers to accompany the inspection to understand the situation of the people, and the form of subpoenas. After its development to a certain stage, it has the nature of an advisory panel and is applied in the trial of judicial cases. Members of the jury are questioned when the judge considers the evidence or facts in the case to be insufficient. The members of these juries are neighbors of the parties involved and are familiar with the facts of the case. However, with the development of time and judicial activities, in the clark London act of 1166, there were a number of functions and powers of the prosecuting jury, who were obliged to answer questions about what they knew, and there was also the element of an advisory panel. Until later, with the expansion and complexity of the case, the jury members sometimes knew nothing about the facts of the case, they did not know about the case, so they were appointed to judge only the facts of the case. This kind of jury that only judges the facts of the case eventually developed into a small jury, and the indictment jury gradually evolved into a pretrial hearing system for felonies, namely the grand jury.

Of course, even with the royal court, the writ system and the jury system, the development of the common law system was not smooth. In the process of development, there will also be various obstacles and difficulties, among which there are two main obstacles: one is the rise of Roman law, the other is the monarchy. Although Roman law came into being and flourished as early as BC, it was not immune to the revival of Roman law across the continent in the 16th and 18th centuries, but the common law eventually prevailed. The main reason for the victory was precisely the precocity of the common law, which had been in the making since 1066 and had been in the making for hundreds of years, having already formed its own style, culture and interest groups. It was almost impossible to overthrow them and re-establish them. History also proves this point. And in this struggle, it was the king, or the royal family, who led the revival of Roman law. Because of the natural connection between Roman law and the centralization of power, the king who wished to strengthen the centralization of power naturally wished to return to Roman law. However, the middle class, represented by judges and lawyers, made painstaking efforts to safeguard the supreme authority of law, which was the process of gradually establishing the principle of "the supremacy of law" in the common law. Although it was not until the 19th century that the principle of supremacy of law was finally formed, its spiritual origin was reflected as early as the birth of the common law, and it was constantly developed and strengthened in the struggle between the common law and the royal power.

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