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12世纪中叶以前,英国和欧陆各国的审判制度本是相同的,实行的都是神判法、公证昭雪法等原始审判方法。12世纪后期到13世纪初,在共同的古代宣誓调查法的基础上,英国建立起了陪审制,而欧陆各国却在宗教迫害政策和罗马法之证据法原则的介入下走上了纠问制道路。造成这一不同选择的直接原因是英王亨利二世抢先一步实行了司法改革,从而使英国跳出了欧洲司法制度发展的普遍道路,但深层原因是英国的地缘条件以及由此造成的封闭保守型文化传统,使它有可能摆脱欧陆宗教纷争和罗马证据法的影响,较多地保留了自身的古代法律传统。
Before the middle of the 12th century, the systems of trial in Britain and the European countries were identical. The original trial methods, such as divine law and notarized law, were practiced. On the basis of the common ancient law of sworn investigation, the United Kingdom established a jury system from the late 12th century to the beginning of the 13th century. However, the European countries embarked on a system of interrogation under the intervention of the principle of evidence law of religious persecution and Roman law the way. The direct reason for this different choice is that King Henry II took the lead in implementing the judicial reform step by step, thus making Britain jump out of the universal path for the development of the European judicial system. However, the underlying reasons are the geography of the United Kingdom and the resulting closed-conservative Cultural traditions make it possible to get rid of the influence of European religious disputes and Roman Evidence Law and retain more of its own ancient legal tradition.