论文部分内容阅读
治安法官是指英国自中世纪以来,授权主要审判轻微刑事案件和部分民事案件的一种地方基层司法人员,是现代英国治安法官的雏形。英国资产阶级革命时期是治安法官发展史上的一个关键时期,其职权曾一度出现过史上的低谷,但作为一个旧时代的地方机器没有随着资产阶级革命的发生而退出历史舞台。相反在内战的混乱中较好地维持了地方秩序,保障地方社会的运转,其职权虽在共和国建立后得以削弱,可治安法官的基本职权并没有发生实质性的变化。随着旧王朝的复辟其地位又得到了恢复,职权也发生了一些变化,这一切是多种因素所造成的。
Magistrates are the rulers of Britain’s magistrate since the Middle Ages, which authorized a number of local judicial officers to try mainly minor criminal cases and some civil cases. The bourgeois revolution in the United Kingdom was a crucial period in the development history of magistrates. Its power once appeared in the trough of history. However, as an old time local machine did not withdraw from the stage of history with the bourgeois revolution. On the contrary, the local order was well maintained during the chaos of the civil war and the operation of local society was guaranteed. Although its power was weakened after the establishment of the Republic, the basic functions of the peace judge did not materially change. With the restoration of the old dynasty, its status has been restored and its authority has undergone some changes. All these are caused by many factors.