The judicial adjudication system has always been a major event of the state, and modern society emphasizes the separation of the three powers of the executive, the legislature and the judiciary, and the idea of the separation of powers originated in the West and was regarded as a guideline by most countries in the world, and once developed a system of separation of powers on the basis of the separation of powers.
In modern times, judicial thought basically originated from western ancient society and the Middle Ages, and the British circuit judicial system has played an important role in the development of the judicial system since the Enlightenment, dealing with the problems of the national judicial system and the local judicial system, because in the West there is a great emphasis on individualism, and individualism is more inclined to localism in national and regional disputes.
The emergence of the British circuit trial system adapted to the need for the British king to strengthen the royal power at that time.
The British king in the Middle Ages, unlike today's Queen of England, was only a symbol of the state, with no specific actual power, because the power of the English king underwent a transformation from the unity of office and honor to no office, only the throne, so there is what we know today as the British king has only false jurisdiction, and the judicial power is in the hands of the justices of the Supreme Court.
However, the medieval English kings had a lot of power and constantly tried to strengthen the royal power and get rid of the control of the ecclesiastical power, and it was in this context that the Reformation occurred, and the relationship between the royal power and the clerical power was tense.
<h1 class="pgc-h-arrow-right" data-track="9" > Henry I: The Emergence of the Circuit Trial System in England</h1>
According to historical records, the British circuit trial system was formally established during the reign of King Henry I of England, and the Clarendon Decree is the legal proof of the establishment of this system. Nevertheless, there is debate in academia as to why the British circuit trial system originated on the European continent, especially france, and was related to the Norman conquest.
Some scholars also believe that the source of the British circuit trial system should be Britain itself, the Anglo-Saxon factor should occupy the main body, and the French factor or the European factor can only occupy a small part.
The explanatory statements of both views make sense and reflect the different positions of the two, the former being a Europeanist position and the latter being a nationalist position. Although there is no academic consensus on this issue, it is generally agreed that the Norman conquest played an important role in the formation of the British circuit trial system.
After the Norman conquest, William I conquered the great nobles in the London area by force and advantage, which meant that William I had already taken the power of the state into his own hands, in addition to the control of the central government, William I also faced the obstruction of local forces to strengthen the centralization of power, so William I decided to take back the local judicial power.
Henry I's greatest contribution to the English circuit system was the beginning of the establishment of the circuit system, he was the first to realize the problems of the state, and introduced corresponding measures to solve these problems.
As a result of history, Henry I was a highly mobile King of England, and he soon set up circuit courts to slowly empty local power with a dynamic, regular judicial trial and censorship system, and the circuit courts were essentially an extension of the king's courts in various parts of England, and gradually became customized with the support of the king.
<h1 class="pgc-h-arrow-right" data-track="16" > II, Henry II: The Development of the Circuit Trial System in England</h1>
After Henry I decided to carry out the reform, he sent judges to the whole country, and these justices were very powerful, although they nominally helped Henry I to deal with judicial cases in various places, but in fact, these judges were especially respected in the villages and villages because they were hand-picked by the king.
These people may not have really respected the justices themselves, but it is certain that what they respected must include the king's power, which also played the role that Henry I expected, that is, to strengthen the king's power.
However, the English circuit trial system established by Henry I still had many problems to be solved, which were left to the time of Henry II.
Henry II's contribution was that he further carried out judicial reforms throughout the country, in other words, Henry II wanted to shrink power and strengthen the royal power throughout the country, and as an ambitious English monarch, Henry II had to solve the problems of the local nobles.
These local nobles, with their great strength, did whatever they wanted at the local level, defied the monarchy and the local officials sent by Britain, oppressed the people downwards, and openly sought personal gain with privileges. Therefore, Henry II was bound to carry out judicial reforms to bring judicial power into the ownership of the state.
Among the many judicial reform regulations promulgated by Henry II, the Edict of Northampton is very representative, or it can be said that it gives more powers to the circuit judges, including the political, financial, and judicial powers of the general circuit.
Henry II hoped to reduce the power of the local nobility by expanding the powers of the itinerant judges, replacing the judiciary of the local nobility with the public law of the state. The Northampton Act is a legal reinforcement of the Clarendon Act, providing itinerant judges with jurisprudence in dealing with local matters. As a result, the jurisdiction of the royal court was expanded, and the British king also achieved the strengthening of monarchical and central power.
<h1 class="pgc-h-arrow-right" data-track="24" > third, the impact of the British circuit trial system</h1>
<h1 class="pgc-h-arrow-right" data-track="25" >1</h1>
Since the establishment of the British Circuit Court, there has been a general trend of increasing power, which actually reflects the strengthening of the power of the British King behind it.
From this point of view, the judges of the General Circuit are only the tools of the King, the King is the invisible hand, directing the direction of the court, and the strengthening of the power of the Circuit Court means that the King has achieved its own purpose, that is, the strengthening of the king's power, but it also brings a problem, that is, the Circuit Court manages too much, the hand is too long, and one day it will be overwhelmed.
Lu Yao summed up the expanded powers of the circuit judges in "The Circuit Trial System in Medieval England": "It is acceptable for all classes to swear allegiance to the king, to investigate cases of illegal occupation of real estate, and whether the fortress is demolished according to orders...".
From this point of view, the British circuit trial system has played a role in promoting judicial reform in the system, solved some judicial problems for the people in practice, and played a role in promoting the historical process in history.
However, after the 13th century, the circuit courts gradually became overwhelmed, or called "overloaded" by some scholars, mainly in the form of inefficiency due to the expansion of jurisdiction, so that the general circuit had to deal with more affairs, so the circuit judges often stayed in one county and one county for a long time.
At the same time, the circuit court procedure is lengthy, and there is often a situation of putting the cart before the horse, that is, the circuit court attaches great importance to the procedure or process of the trial of the case, so the circuit judge must wait for the process to be completed, which will inevitably be time-consuming and labor-consuming.
Not only will it cause trouble to the judge, but it will also cause the plaintiff to retreat, and more people are worried that the case is too time-consuming and laborious to gain more than it is, so they have chosen to abandon the appeal.
After 1294, the circuit court system suddenly withered, and even though some kings later decided to re-establish the circuit court, it was not realized due to various factors. From the development and growth of the circuit court to the final demise, it can be seen that this system eventually engulfed itself, it asked for too much, but its energy was limited after all.
<h1 class="pgc-h-arrow-right" data-track="34" >2</h1>
The purpose of the British circuit system was to strengthen the power of the crown, and it was because of this that the king was willing to support the continuous development and improvement of this system. Judging from the period of continuation of this system, the British circuit trial system has undoubtedly been basically successful in strengthening the royal power.
From the point of view of the General Circuit, the expansion of the General Circuit's power meant that the British King had wider control over the country and had direct jurisdiction over many local affairs.
Through the circuit system, the royal court, the court of lords, and the court of the church achieved a clear division of judicial power, and the three were restricted to each other and coexisted in the Judicial System of England, but the courts controlled by the king always occupied a dominant position.
In Henry II's judicial reforms, the power of the local nobility was weakened, concentrated in the judicial power, and the weakening of the authority of the local nobility was a by-product of the itinerant trial system promulgated by the English king, because this system approached the people in a circuitous way, changing the situation that the people were only local nobles and did not know the emperor.
From the perspective of the factors of its development and demise, the royal power is an important factor that cannot be circumvented, but just as the so-called "success is also Xiao He, defeat is also Xiao He", the strengthening of royal power has become one of the biggest pressures in the development of the circuit trial system, and the judiciary itself has become an overlooked factor, so some people have violently attacked the British circuit trial system, believing that it is not solving problems, but creating more problems.
<h1 class="pgc-h-arrow-right" data-track="40" >4</h1>
The promulgation of the Clarendon Act is often regarded as a sign of the formal establishment of the circuit trial system, which established the British circuit trial system in the form of law, or the legalization of the British circuit trial system.
The Circuit Court of England in the Middle Ages was formally formed during the Plantagenet Dynasty, and during the reign of Henry II, a comprehensive judicial reform was carried out, taking the circuit trial system as one of the key points, and although there were English kings after Henry II who opposed the English circuit trial system, the English circuit trial system was eventually developed.
The main supporting force for the continued survival of the British circuit system came from the need of the king to strengthen the imperial power, because even the people's attitude towards the British circuit court changed from the initial warm welcome to criticism, which shows the theoretical defects of this system and the defects in practical action.
In general, the British circuit trial system was successful for the British king because it achieved the strengthening of the royal power, which is also an important reason why the British king supported this system. In specific practice, the British circuit trial system has also split between success and failure, the success lies in the handling of some cases, and the failure lies in the fact that more problems or cases have arisen in the process of handling cases.
< h1 class="pgc-h-arrow-right" data-track="45" >5, See</h1>
Guizot: A History of French Civilization
John Hudson, The Formation of English Common Law: Law and Society in England from the Norman Conquest to the Common Law Period
Harold P. J. Berman: Law and Revolution: The Formation of the Western Legal Tradition
Lu Yao: The Itinerant Trial System in Medieval Britain
Meng Guanglin: Treatise on The Imperial Power of The British Feudal Empire