16世纪英国财政署上诉法庭的兴起

发布时间：2018-04-03 10:03

本文选题：16世纪　切入点：英国　出处：《天津师范大学》2017年硕士论文

【摘要】：16世纪兴起的英国财政署上诉法庭,起源于14世纪的财政署会审法庭,是英国现代上诉法庭的前身。财政署会审法庭最早可以回溯至13世纪的财政署集会。在当时的财政署集会中,法律精英们一起讨论疑难案件,并给出建议。到了14世纪,由于财政署法庭错案剧增,议会颁布法令,要求财政署法庭将错案交由财政署会审法庭审理,财政署会审法庭随后得以兴起和发展。16世纪时,议会颁布法令规定,王座法庭的部分错案也要交给财政署会审法庭审理,财政署会审法庭也随之转变成为一个常设的上诉法庭,这标志着财政署上诉法庭的正式兴起。迄今为止,国内外学者的相关研究虽然大多涉及到了 16世纪英国财政署上诉法庭的兴起问题,但尚未展开系统的专题研究。本文通过解读相关法律文献,尝试探讨16世纪英国财政署上诉法庭兴起的历史背景、有关该法庭立法的进展以及该法庭所取得的成就。这有助于人们理解英国普通法民事上诉审管辖权的集中过程,以及英国现代上诉法庭的起源。本论文由绪论、论文主体及结语三大部分构成。其中,绪论部分主要交代了选题依据,对文中涉及的关键词及核心术语进行了界定,同时梳理了国内外的相关研究状况,并介绍了本文所使用的主要原始文献,明确了本文所运用的基本理论方法。本论文主体部分共分三章。其中第一章主要探讨了财政署上诉法庭兴起的历史背景。14世纪时,由于财政署法庭错案剧增,议会颁布法令,规定财政署法庭要将错案交给财政署会审法庭审理。财政署会审法庭的成立及其发展,为财政署上诉法庭的兴起奠定了基础。第二章主要阐述了财政署上诉法庭兴起的法制化进程。在对纠错令诉讼进行相关规范后,16世纪时,议会颁布法令规定,王座法庭将部分错案交给财政署会审法庭审理,这一法令标志着财政署上诉法庭的正式兴起。随后,议会颁布了一系列法令,对财政署上诉法庭的审理程序做了规范,财政署上诉法庭的相关制度得到进一步发展。第三章总结了财政署上诉法庭所取得的成就。16世纪英国财政署上诉法庭兴起所取得的成就主要表现在两个方面,即财政署上诉法庭法官的专业化,以及财政署上诉法庭所受理司法业务的增加。与财政署会审法庭相比,财政署上诉法庭的法官不仅都是高级律师,而且法官的人员组成更加固定。另外,由于财政署上诉法庭既有权审理来自财政署法庭的错案,又有权审理王座法庭的部分错案,所以,财政署上诉法庭所受理的案件类型更加多样化。而且,议会法令对该法庭所受理案件的审理程序进行了规范,使得财政署上诉法庭的审理程序更加严谨。本论文的结语部分梳理总结了 16世纪英国财政署上诉法庭的兴起,阐明了财政署上诉法庭的历史作用,并尝试进一步思考了一些相关问题。
[Abstract]:The Court of Appeal of the British Treasury, which arose in the 16th century, originated in the Court of Appeal of the Fiscal Office in the 14 th century and was the predecessor of the Modern Court of Appeal in England.The Court of Exchequer's trial dates back to the 13 th century Treasury gathering.At the Treasury gathering at the time, the legal elite discussed difficult cases and gave advice.In the 14th century, as a result of the sharp increase in the number of court errors in the Treasury Department, the Parliament issued a decree requiring the Court of the Treasury to refer the case to the Court of the Finance Department, which was subsequently able to rise and develop in the 16th century.Part of the misdeeds in the Court of Throne are referred to the Court of Appeal of the Finance Department, and the Court of Appeal of the Department of Finance has been transformed into a permanent court of appeal, which marks the official rise of the Court of Appeal of the Treasury.Up to now, although most of the relevant studies have been related to the rise of the Court of Appeal of the British Fiscal Office in the 16th century, no systematic research has been carried out.This paper attempts to explore the historical background of the rise of the Court of Appeal of the British Fiscal Office in the 16th century, the progress of the Court's legislation and the achievements of the Court through the interpretation of relevant legal documents.This helps to understand the centralized process of common law civil appellate jurisdiction and the origin of the modern English Court of Appeal.This thesis consists of three parts: introduction, subject and conclusion.Among them, the introduction mainly explains the basis of the topic, defines the key words and core terms involved in the paper, combs the relevant research situation at home and abroad, and introduces the main original documents used in this paper.The basic theoretical methods used in this paper are clarified.The main part of this paper is divided into three chapters.The first chapter mainly discusses the historical background of the emergence of the Court of Appeal of the Treasury Department. In the 14th century, due to the sharp increase of miscases in the Court of Appeal of the Treasury Department, the Parliament issued a decree stipulating that the Court of the Treasury Department should submit the wrong case to the Court of the Treasury Department for trial.The establishment and development of the Court of Appeal of the Treasury Department laid the foundation for the emergence of the Court of Appeal of the Treasury Department.The second chapter mainly expounds the legal process of the Court of Appeal of the Finance Department.In the 16th century after the relevant regulation of error correction proceedings, the Parliament issued a decree stipulating that the Court of Queen's bench would refer part of the wrong cases to the Court of Appeal of the Finance Department, which marked the official rise of the Court of Appeal of the Finance Department.Subsequently, the Parliament issued a series of decrees regulating the proceedings of the Court of Appeal of the Treasury and the relevant system of the Court of Appeal of the Treasury was further developed.The third chapter summarizes the achievements of the Court of Appeal of the Treasury. The achievements of the Court of Appeal of the British Treasury in the 16th century are mainly manifested in two aspects, namely, the professionalization of the judges of the Court of Appeal of the Treasury.And an increase in the judicial business of the Court of Appeal of the Treasury.The judges of the Court of Appeal of the Treasury are not only senior lawyers, but also have a more regular composition than the Court of Appeal of the Treasury.In addition, since the Court of Appeal of the Treasury Department has the power to hear both the wrong cases from the Court of Appeal of the Finance Department and some of the wrong cases from the Queen's bench, the Court of Appeal of the Treasury Department has more diversified types of cases.Moreover, parliamentary decree regulates the procedure of cases before the Court, making the Court of Appeal of the Treasury more rigorous.The conclusion of this paper summarizes the rise of the Court of Appeal of the British Fiscal Office in the 16th century, clarifies the historical role of the Court of Appeal of the Treasury, and attempts to further consider some related issues.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D956.1;K561.33

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