Concept
The trial authority exercises the organs of the national trial, commonly referred to as courts, courts or referees.
Judicial organization in different periods
In ancient slavery and feudal countries, often judicial, administrative misseu, trial Executive to the administrative organ. During the West of China, Zhou Wang had the highest trial right and can handle the princes between princes. In the future, the Dynasty Dynasty is the empire higher than everything, the emperor can be left and right, and the sin of the people. In a long history, there is no dedicated court to organize, just the official sentence, such as the Zhou Chairman, the history of the History is responsible for the trial of the lawsuits within Wang Yanyi, and the country has the country, Qin Qi Ting. When the North and South Dynasties, Dali Temple was set up in the central government, and special prison cases were approved. Later, in addition to the element, each generation is divided by the Dali Temple or the Criminal Department, and the Dali Institute is changed to the late Qing Dynasty. Location, it has always been just judicial, administrative, and the county-gun county is just a judicial, and all levels of the Office are the judicial Tuen Mun (see Guoba).
In Western countries, it is also just judicial and administrative. For example, ancient Greece's Athens Ariepagos Court, which is both a slave owner's power organ, and has judicial power; through the reform of Sulllen (about 635 to the top 560), it becomes a special trial. The jury (see the jury system has also been established at this time. Ancient Rome is from 8 to the second century BC, there is no special trial organ, the judicial work is intended to be administrative and migration. Then the establishment of a permanent criminal court, responsible for trial criminal Case.
After Western Europe enters the feudal society, many countries have not established a unified central government. The king is only a larger lord, and the Lords of all over the world will build a court, the prison in the lawsuit. Frank king At the 8th to 9th century, they acknowledged the judicial power in the land of the kingdom in their jurisdiction. On the other hand, the Pope also set up a religious court on its territory to review the absenteeism, profanation and secular marriage, inheritance. . 13th century Roman Catholic Pope Gome Gaoli Nine (about 1145 ~ 1241) has established a special religious court (also translating the religious referee, the heterogeneous referee), in France, Italy and Spain, to ban "heresy" , Cruel suppression all against religious superstition, revealing the darkness of the church and opposing feudal rules, famous thinkers, scientists G. Bruno (1548 ~ 1600) is burned by the religious courts. With the rise of the city, the economic development and Changes in class relationships, since the 13th to 14th century, European countries gradually form a central centralized country, and the monarch has strengthened the control of the court. The French King Louis Nine (1226 ~ 1270 in place) promulgated the order, began to establish The nationwide step trial mechanism of the royal court. In 1066, the British was unified after the Duke William of Normandy, and the Royal Conference was established (Regis Curia, the Kingdom of the Kingdom), and formed a security court (Mag-istrates). Court USB, the court court, the feudal court, which is the Star Chamber, and the Star Chamber, which weakens the power of the lord and consolidates the feudal rule of the king.
capital The trial organ of theoretical country
generally established a court according to the principle of three rights, and it is proposed that "the legal equality", "judgment independence", "judgment", "jury system", etc. Progressing principles. The courts are generally divided into ordinary courts and special courts. The General Court is the court of ordinary civil and criminal cases; specialized courts are jurisdictional courts, such as military courts, customs courts, taxation Court, divorce and inheritance court, labor court, social court, etc. In addition, some countries have no Constitutional courts, administrative courts. Generally speaking, national courts have been more complete. The specific organizational system of courts between different countries Different (see the British court organization, the US court organization, the Federal Republic of the United States, the French Court of Justice and the Japanese Court).
Trial organs of socialist countries
is a working class Get regulatory with the majority of labor people After breaking the exploitation class country, it is established for the suppression of enemies, punishes crimes, protects people, and promotes the development of socialist economic development. It represents the interests of the people, and there is an essential difference with the trial organs of the exploitation class. After the Russian October Revolution, the first country of proletariat dictatorship was created, and the Soviet court was established. It is a "political organs of proletariat and poor farmers", "the organs attracted to all poor participation in national management" and "Tools of the People 's Compliance" ("Lenin Collection" Volume 3, page 518). Socialist countries that have been born in the 1940s, their respective trial organs were established. The organization of the Yugoslavia court is characterized by the gradual socialization, democratization and autonomousization, and created the autonomous courts at all levels (see the Court of Socialist Federal Republic of Yugoslavia). The People's Republic of China has established the People's Court of the People's Republic of China.
Procuratorial organs exercise national procurator, supervise the constitution, legal implementation, and representing a public case on behalf of the state, the trial of civil cases is supervised, and a public case will file a public case Specialized agency. Usually refers to the procuratorate, procuratorate, and the like.
The procuratorial organ has originated late. China went to the Han Dynasty to set up Yumi Taiwan, responsible for supervising hundreds of people, correcting the official, and its part of the modern prosecutor, but the procurator of the procuratorate is not exactly the same.
in the Western countries, until the end of the 12th century, the French king assigned agency to handle private affairs, and then the agent gradually developed to the people who filed a civil action to the trial organs, to the middle of the 13th century Expand to criminal cases, that is, the crime is not prosecuted by the victim, but is prosecuted by the agent, approximate the modern procuratorial organs, and the agent has also become the bureaucrat of the country. With the strengthening of the king, in order to oversee each feudal lord, from the early 14th century, the prosecutor was officially established, and the prosecution system was established. On the one hand, the prosecutor represents the inspection of each feudal lord and local authorities, on the one hand, and the identity of the national prosecutor's identity and guiding the court for litigation. After many national bourgeois revolution, this system is used.
Inspection organs of various countries
US procuratorial organs
are divided into federal procuratorates and state procuratorates, and the two have no affiliation. The role of the procuratorate is to investigate criminal and civil liability for all "interests involving the interests of the United States". Light sin is generally prosecuted by the prosecutor; the emphasization is charged by the prosecutor, the local judge pre-trial, or whether it is prosecuted by the big accompanying group. The procuratorial organ still terminates certain cases. The state prosecutor is responsible for prosecuting criminal cases and supporting public prosecution in court, and some state legislation also stipulates that the prosecutor has the right to supervise administration, adjusting certain organizations' economic work and overseeing various committees.
French procuratorial organs
belongly to the government justice system, generally attached to the court, the permissions are large. The prosecutor has criminal investigation rights and decides to prosecute and propose an appeal right, and there are certain supervisory rights and administrative power to the court. Most of the prosecution of most criminal cases, first reviewed the case to review the case, then transferred the prosecutor to sue to the court, but the crime case must be reviewed by the Appeal Court to check whether it is prosecuted.
Deutsche Federal Procuratorate
is located in the court at all levels, calling the inspection office. The prosecutor has the right to investigate or use the case to deliver the police organs, and have the right to pre-trial investigation, and the court support public prosecution rights, the rights of the defendant, and the rights of the defendant, and implement criminal judgment. The prosecutor accepted the instructions of the superior prosecutor and the Minister of Justice.
Japan Procuratorate
Japan implements monopolyism, the court does not accept the complaint case, and is prosecuted by the prosecutor. For the prosecution, it is necessary to determine the procurator review of 11 procuratorial examiners. The prosecutor also has investigative rights and the supervision of the court.
British procuratorial organ
scale and permissions are smaller than those of the above countries. The British Central Procuratorate said the Ministry of Legal Affairs, a translational prosecuting department, leadership leaders from the total prosecutor and deputy inspectors, main functions: in major civil cases and some major criminal cases, such as rebel guys, major violations Representing the English litigation; the prosecution of certain crimes must be prosecuted by the total prosecutor; if a prosecution is improper, it may be issued to the termination of the prosecution order. In addition, legal advice must be provided to the Government Department.
Soviet procuratorate system
Implement vertical leadership, the main functions are: General supervision, that is, whether national management organs, corporate, organization, public officials and citizens abide by law implementation supervision, investigation supervision , Trial supervision, supervision of the police. The Soviet Procuratorate participated in the criminal responsibility of the criminals, but the prosecutor should transfer the case to the court, and the court preparatory court review decided whether the defendant delivered the trial and attended the court.
People's Procuratorate of the People's Republic of China
is the national legal supervision authority (see the People's Procuratorate of the People's Republic of China).
The judicial administrative authorities conduct administrative organs for judicial work. The central level is generally called the Ministry of Justice or the Judicial Administration. Some countries have a large permission, except for judicial administration, participate in litigation or management police, investigation, procuratorial, prison, etc.
In the mainland legal system, the French Ministry of Justice said the Ministry of Justice, the administration, personnel and finances of the court system, and also in charge of the national seal. France also has the highest judicial conference, the president, Chairman, Justice Minister, and the Mission of Justice is to assist the president to implement judicial supervision, to control the judge discipline, punish the judge. The federal Germany said the federal Ministry of Justice, participated in the federal judge, the administrative, personnel and finances of the management court system, and the federal prosecution system and penalties. Japan claims legal affairs of legal affairs, managing police, procuratorate, detainement, prison, etc.
In the United States of America, the US Department of Justice is huge, responsible for leading the federal procuratorial system, police system, penal executive, immigration and overseas Chinese management agencies and federal investigation bureaus. The minister, the deputy minister is the Federal Taxation General and the Deputy Subspective. Unlike other capitalist countries, the UK is not established. The judicial administrative work is carried out by the General Administration of Offices, Legal Consultants of the Ministry of Finance, and the Ministry of Legal Affairs and the Ministry of the Interior.
The Soviet Judicial Administration is the Ministry of Justice at the Central and Join Republic, where the Justice Bureau is. The judicial administrative agencies below the Republic are doubled by the superiorship of the superior judicial administration and ministerial meeting. Judicial Administration Management Judicial Administration, Notarization Organs, Lawyers Organization, Legal Propagation.
The Ministry of the People's Republic of China is a department of the State Council, the national judicial administrative work, local intensive department (bureau, department, department), managing local judicial administration (see the People's Republic of China) Judicial administration).