Early modern British Privilege Court and Social Governance
September 19, 2023 at 15:10 Source: "China Social Sciences" September 19, 2023 Issue 2738 Author: Mao Haoqiang Yangcheng New

Unlike the European region that is unacceptable to the church,Social governance of early British in modern times often revolves around the royal government。Henry VII to emphasize the positive position of the position,On the one hand, strengthen political propaganda,On the other hand, the various privileges courts in the UK,The control of the royal family and its agent's control of grassroots society。The court differentiation during the Tudor period is no longer just on the scope of personnel settings and court jurisdictions as Henry II,More specifically in the court's functional differentiation and management methods。Star Room Court、Right request court、The establishment of a privileged court represented by the North Office and the Western Office,adds more modernity elements to England's unique administrative judicialization,The legal system and social governance of England have also entered the track of modern society。

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Prerogative Court (Prerogative Court) does not have a special range,They are all kinds of special courts used by King England to exercise their own privileges during the Middle Ages,As long as the Courts of Common Law system is independent of the general law court、Different from the legal foundation can be traced back to the Romanian church court (ECCLESIASTICAL COURTS) system and not other feudal lords, the manorial count (Manoraial Court),,It should be considered the category of the privileged court。Compared with,Franchise Courts is the literal meaning of "SAR Court" or "Charter Court",refers to the courts that are not in charge of the king's judicial agent,These courts set up for the bet365 best casino games approval of the king.。

Most privileged courts are not created by the monarchs of the Tudor,Some of them originated from the political tradition left over from Norman's conquest,Others are responses that the monarchs had to make in order to meet the social needs at that time。Analysis of the perspective of the binary governance pattern of "Central -Local",The establishment of the Privilege Court is mostly from the position of the royal family and the central government,Its purpose is to break the "bureaucrat/Fengjiang official system" with a new "Cultural Officer/Administrative Justice Group" that has gradually solidified and has a centrifugal tendency.,and this system is just centered on the general law court。Premise with this understanding,Various courts in the original Special Economic Zone Court also completed the normalization and systematic process during the Tudor period -whether or not they are willing,They all completed the connection with the newly established Hengping Court and Privilege Court on the proceedings.。

  Star Court of Star Rooms for Specialized Criminal Cases 

The Star Court of the Tudor period from the founding to independence,Gradually get rid of the restraint of the imperial meeting and administrative affairs。Although the premise of "remaining judicial power" from the king's "remaining judicial rights",Make it open for the convenience of political trial,But its streamlined and efficient trial process and the authority of the court itself,It is positive for the reshaping of the country and social governance system led by the king。Objectively,The emergence of the Star Room Court promoted the centralization of the central government,strengthened the initiative of justice,Like other Hengping Courts dominated by the Justice, inject fresh blood into the system of English judicial governance。

The scope of the Star Room Court is more complicated。bet365 best casino games When it is not completely cut with administrative cutting,As long as the incident of discussing and obtaining the handling opinions in the star room will be classified as the acceptance scope of the "Star Board" at that time,The source of the case is not distinguished by administrative items、Ordinary Law Matters or Hengping Matters。Simply look at the court itself,The scope of the case of the Star Room Court is not large。According to the jurisdiction according to the 1487 law order and 1529 laws,,Bringing、Cove bribery、Peribrium、illegal assembly、The guilt listed in the laws and regulations of severe violence is exercised jurisdiction。But the Star Room Court established as part of the England Privilege Court System,In terms of social governance, it exists as a necessary supplement for the general law court,Therefore, other felonic crimes other than the above behavior,In principle, it should not be submitted to the Star Room Court for trial。Any parties who appeal to the Star Room Court must propose sufficient reasons,It is difficult to obtain fair treatment in the general law court in the type to prove that the case of appealing cases。

According to the file record display,Cases accepted by the Star Room Court: There are two main types of cases: cases that violate public order in the general law and cases that violate public order and cases that violate the proclansation。In terms of violating public order,Together with common、Scam、Peribrium、Challenge duel、Threat、Attack aristocratic crime of riots in the form of expression,It is the most common cases handled by the Star Room Court; followed by defamation crimes; and some parties are too strong,As a result, a case that the general law court cannot handle、Contempt of the authoritative case of court、Cases of abuse of judicial power,and some cases of jury opinions in some ordinary law courts are wrong。

  The right to review the civil case of the special case 

bet365 live casino games According to "Yuanzhao British and American Dictionary","The Court of Requests" determined during the Tudor period was translated as "petition court/please court"。According to the explanation,This is a small Hengping Court that has prevailed in the early days of Tudor and Stuart,Specializing in accepting the complaint of the poor。At first, the agency was just a committee of the Emperor's Meeting,During the Reform of Religion,Walsea sets it as a separate court,Therefore, the early relationship with the Star Room Court was closely related。Combining "Request" itself has the meaning of "request right/request rights",This article refers to the "Oxford Legal Dictionary" to translate it as "Right request Court"。

Like the Star Room Court,The judicial jurisdiction of the right to the court is also full of controversy,And most of these disputes are also from judges in the normal legal system、Lawyers and scholars。Hengping Court under the leadership of the Judge and Minister of the Palm,and have the administrative and location advantage close to the national center,The political superiority of the right to the court has laid the authority of its as the royal privilege court。In terms of regional jurisdiction,The scope of the claim to the court is basically no restrictions in England。There may still be its judicial jurisdiction and the county court at the grassroots level、The phenomenon of overlapping judges of law and order,But once the case was stabbed to the king's administrative team and the judge,General Law Court often gives these Hengping Courts and Privilege Courts to make positions。In terms of the type of case,Because when the agency is still a committee of the Emperor ’s meeting, it accepts the complaint of the poor (commonly known as the“ poor court ”),Right requesting court continues the judicial jurisdiction of such cases,The "poor people" here bet365 live casino games include: people who have no money to apply for ordinary laws and regulations,and property and interests who cannot be protected in the general court。

Unlike the process of the Starroom court,Cases of the Rights Request Court will be strictly reviewed before forming the trial process,If the case is considered to belong to the jurisdiction of the general law court or the parties are not poor,will be returned and requested to submit a complaint to other courts。other,Because the predecessor of the right to request the court is the endogenous agency of the Emperor's meeting,The meeting place of the Empress Dowager often move with the king,So the Wangdian and his servants have also become a frequent visitor to the committee and court。Over time,The complaint of the royal servant has also become the main source of the court's case。

  Social governance through the Privilege Court 

Unlike the general law court system and other Hengping courts,The characteristics of the Privilege Court of England in the early days in modern times in social governance are mainly reflected in high efficiency、Simple and convenient aspects,These advantages save time and material cost for the parties involved。

In the procedure and trial process,Right requesting court and the Starroom Court are very similar。Establishment in the court,The cost of litigation of the case is smaller than the Star Room Court、Efficiency is also higher than the Star Room Court,Of course, this also has a certain relationship with the nature of the case of civil cases。Because the court chiefs have always been Roman law/civil law experts instead of Putong Lawyers,The trial procedure basically adopts the Roman law principle。PluckNett supplemented here,He pointed out that before the claiming court fully draws on the trial procedure of the Court of Justice Court,Dad with administrative trial method,When the simple program becomes a standard for the court for the right to request the court,It bet365 live casino games developed from a very unspoken judicial institution to a professional court organization。

The litigation procedure of the Privilege Court is generally consistent with the Hengping Court,still take the right to request the court as an example。A civil lawsuit was initiated by the party's right to submit the right to the right to the king,Then the defendant's needle submits a defense to the application,Sometimes the two parties will have the next round of confrontation,The plaintiff can respond to the defendant's defense (replication),A civil lawsuit was initiated by the party's right to submit the right to the right to the king。At the same time,The inquiry of the two parties in the trial will be submitted to the court for verification,Both parties can also provide witnesses at this stage。The command to respond in court is usually issued by the order of Wang Xi,But if the party's order to violate the court refuses to be the court,The court can request the defendant's place where the county head is issued to the court's announcement。For the defendant who is still less than the court,The court can also issue a violation of the court's arrest/forced court order。After the order is issued,King's waiter or bailiff will be entrusted to the court to arrest the defendant。

As the court organization itself gradually improves and the expansion of judicial power,The litigation procedure of the Privilege Court has gradually become complicated。To cope with a variety of sources of cases,The court will assign the officer to the grassroots to try,and report the unsolvable cases,Finally, the main officers conduct a centralized trial and make a judgment。This is the case,The trial process has become no longer simple,The cost will be more,Long this time,The Privilege Court gradually lost its advantage compared to the general law court。This is also the main reason why the Privilege Court gradually faded out of history in the middle and late stages Bet365 app download of the Stuart dynasty。

  (The author is a lecturer in Shanghai Maritime University Law School; researcher at the "August 8 Strategy" Innovation and Development Research Institute of the Party School of the Party School of the Zhejiang Provincial Party Committee) 

Editor in charge: Cui Bohan
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