Western "Supervisor" and "Prosecutor" system origin
January 27, 2021 09:21 Source: "China Social Sciences" January 27, 2021 Total 2099 Author: Shao Hui

In my country's legal theory and practical world,Based on local historical origin and institutional design,Supervisors and prosecutors are reflected in each other as independent、There are two systems that are not related to the creation。but,Examine the history and experience outside the domain,It shows: from the process of institutional origin to the establishment of establishment,The system of supervisor and prosecutor system is manifested as the basic context of the same roots and the development.,Behind it contains different changes in the concept of institutional creation。Looking at it overall,The "Supervisor" outside the domain and the "prosecutor" system、evolution and development,Greatly experienced the following three stages。

  bet365 Play online games The semantic content of text and language expression is the carrier of the history and experience of the objects referred to。Two universal English words expressing "Supervisor" and "Prosecutor",Ombudsman and Procurator。Wish to know,Modern Western Supervisor's system originated in Sweden,English Ombudsman is a direct English translation of Swedish original words。Look again,OMBUDSMAN is the combination of two word root combinations of "umboth" and "mathr" in ancient Swedish.,The former means "commission、Agent ",The latter refers to "personnel"。Compared with this,Procurator in English refers to the word prosecutor,It comes from Guladin "PRAAACūrtor",It is composed of two words: "prō" and "cūrare",The former means "For whom for the benefit",The latter means "care、Seeing "。The basic meaning of the term PRōcūrtor in Guladin is "client"。From the original meaning of the word,Under the context of the West,OMBUDSMAN in Swedish and Procurator in English can be directly understood as "agent"。In view of the basic meaning of the two, there is no obvious visible semantic difference,These two words are specifically referred to "Supervisors" and "Prosecutor",There must be more historical experience and institutional practice behind this。

The modern supervisor system originated from Sweden,Prosecutor's system comes from France,Both are deeply affected by the ancient Roman system。During the ancient Rome period,There are rich people and business activities,and the Procurator system is particularly prosperous,This is reflected in: from the ancient Roman monarchs to ordinary people,You can appoint agents for their personal affairs。According to the ancient Roman file "Notitia Dignitatum",Early early Roman Empire,The corresponding province of the empire is set up called "PRōcūrator Gynaceii、Prōcūrtor Monetarum ","Financial Agent" and "Tax Agent",Come to serve the Roman Emperor。At this stage,These agents are just the right to set the Roman Emperor due to the right to the cause,It has not formed a normalized institutional construction at the national level。To the middle and late stages of the Roman Empire,Especially after the king Claudis is in power,On the one hand, he gives him a greater authority,Rudian Supervision、Supervise local overall affairs,On the other hand, the institutional and official titles of these agent PRōmagistrate,That is "For the Lord of the Lord of the Lord"。At the same time,As a normal mechanism,The Supreme Chief of the Local Provincial Surgery of Rome has generally been served by the agent of the monarch。

The King's Agent System of the Roman Empire,Its bet365 live casino games creation relies on the concentration of the monarch's power,The goal is to ensure that the monarch's power can be covered and extended within all the empires。Supervision and supervision is an important authority that guarantees its institutional purposes。Compared with this,At that time, the concept of litigation was mainly in the scope of private complaints,Therefore, there is no concept and power of modern state prosecution,Therefore, the procuratorial system will inevitably pay like。The king's agent system has laid the basic institutional prototype of the supervisor and prosecutor system,But the differentiation based on the sense of power content between the two has not really started。

  Second,"Kings Prosecutor System" under "two -way joint force"。After the Western Roman Empire is destroyed,European continent enters the feudal period of the Middle Ages,Its state state is reflected as Feng Chen Lin Li、Weaken of the kingship。The agent once again hidden the mark of "country" and "king",Restore to ordinary civil subject identity。With the occurrence of major historical events,The Kingdom of French Kingdom in Europe began to gradually concentrate on the state of concentration of the kingship and the state of the state of modern sovereignty,This brings the gradual revival of the king's agent system during the ancient Roman Empire。On the one hand, due to the concept of criminal trial at this time due to the Christian theological Church、The continuous exploration of criminal trial procedures,The gradual weakening and final disappearance of the concept of criminal private complaints,and the emergence and development of modern criminal prosecution concepts,Provides important academic argumentation and support。Especially the concept of "Blood Guilty" in Christian theological theory,Reverse causes the urgent needs of the respondents other than prosecutors other than criminal cases during the practice of secular criminal trials。On the other hand,The continuous concentration and strengthening of the power of the king,It is also urgent to hope that the relevant institutional design can play an important role in consolidating and guaranteeing its power。So,The recovery and consolidation of the king's agent system is obviously an inevitable process。1256,French King Louis IV promulgated the law for the first time confirmed that these "agents" have the power to replace the king's participation in court trials。1302,French King Philip IV issued a decree,Its explicit command these agents are exclusive to the king,They have changed from "Procureur Du Roi" to "Procureur Du Roi。until the beginning of the 16th century,In the Kingdom of King France,King Prosecutor's only monopoly of criminal prosecution。

At this stage,The words of "King's Agent" and "King Prosecutor" are just reflected in the transformation of writing form from small writing to uppercase,But his identity and status can no longer be said in the same day。This is reflected as: they have been like a private relationship like the general public,Transformation into a national system and official position and have public identity。Although these king agents are called "King Prosecutor",But it can not be fully understood and examined from a modern perspective、status and power。At the time,These king agents are actually the complex of the "King Prosecutor" and "King Supervisor"。They have the power that is not different from the king's agent during the Roman Empire period,At the same time,"Eagle Dog" as the king,They have extensive supervision and supervision authority,To ensure that it replaces the king's effective supervision bet365 best casino games of all affairs and affiliates in the king's country。Just as at the time,The name of the emerging "Sword and Noble" under the jurisdiction of the king,Different from the traditional Fengchen lord、Third nobles outside the hereditary aristocracy,This highlights their "one honor and honor with the king、A close connection of damage "。The emergence of "King Prosecutor System",Continuing the basic powers and frameworks of the king's agent system during the ancient Roman Empire period,The content of its authority is enriched。This is a system of supervisors of later generations、Division of the prosecutor system,Provides important power content support。

  third,Modern Supervisor and Prosecutor System under "System Concept Transformation"。The outbreak of the French Revolution、King of Politics,Democratic rule of law becomes the basic concept of the establishment of the national system。Reasonable regulation of public power,Promoting the steering of the king prosecutor system to the modern prosecutor system。On the one hand,The extensive powers of the King of Prosecutors,With the elimination and differentiation of the royal power, it is constantly restricting and defining,Previous supervision、Supervision and other powers are mainly attributed to parliament。On the other hand,The prosecutor completed the identity transformation from the representative of the king to the country's representative of modern democracy and rule of law,The public prosecution function in its system can be highlighted and highlighted。This overall laid the important political status of the modern prosecutor system as a national prosecutor,and the main fields of its power exercises are based on the basic characteristics of the judicial system and procedure。Accompanied by the French Revolution Democratic Democracy and the rule of law, the sweeping of the entire continental country,The Kingdom of Sweden was in 1809、The government codes and throne inheritance law was promulgated in 1810,The transformation from the traditional feudal monarchy to the constitutional government of the Modern Parliament。Where,The "Swedish Parliamentary Ombudsman)。Looking at it overall,This system is a continuation of the creation of the French king's agent system in 1713 in 1713。The difference between its system and the king's agent system is: at the beginning of the creation,strictly limited its power as the king on behalf of the king to supervise and monitor the officials and the general public in the kingdom,Eliminate the power of other passive exercise,The attachment and initiative characteristics of the power that obey the power and actively exercise the power。Compared to the king's agent system,The supervisor system originated from it,But it reflects more streamlined in the goal of protecting the royal power、concentration and pure。The establishment of the constitutional government of the parliamentary monarch,King Supervisor of the King into Congress Supervisor,As an independent institution,Its main functions are limited to supervise and monitor whether officials or national institutions are exercised reasonably。

Modern Outreasive Supervisor and Prosecutor's System "One -One" king agent system in the ancient Roman period。Along with the changes in the concept of litigation in the feudal period of the Middle Ages,It provides important support for the differential differentiation of the two after the two.。Construction of modern democratic rule of law countries,The separation of the two in the system of the two,Soil that provides practical operation concepts and re -determines power。This is ultimately forming one who rely on the judicial system and procedures bet365 live casino games to operate right,Another situation based on the authorization of the parliamentary system to exercise different patterns of supervision and supervision authority。

 (This article is the theoretical logic and practical path of the implementation of the project implemented by the Ministry of Education in 2020 (20YJC820038) phased achievement)

(The author is a researcher at the Department of Law, School of Culture and Law, North of the University of Technology)

Editor in charge: Chen Jing
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