论文部分内容阅读
帝制时期,罗马刑法呈现出多样化的司法权力格局,常设法庭、元老院法庭、元首及其官员法庭并行行使犯罪审判权。随着帝国集权体制的发展,常设法庭的管辖权逐渐被元老院接管,之后元首及其官员法庭又渐趋侵占了元老院法庭的职权,成为刑事司法的主要执行机构。司法权力格局的变迁,促使罗马的诉讼模式发生转型,传统的弹劾式诉讼逐渐被纠问式模式取而代之。帝制时期刑事法庭与诉讼模式的演进,不仅促进了罗马刑法的全面发展,而且为后来大陆法系刑事诉讼制度的发展奠定了制度基础。
During the monarchy period, the criminal law of Rome showed a diversified judicial power pattern. The permanent tribunals, senate courts, heads of state and their officials’ tribunals exercised the power of criminal justice in parallel. With the development of the empire centralized system, the jurisdiction of the permanent court was gradually taken over by the Senate. Afterwards, the heads of state and their officials gradually encroached on the powers of the Senate courts and became the main implementing agencies of criminal justice. The changes in the pattern of judicial power have prompted the Roman litigation model to be transformed and the traditional impeachment lawsuit has gradually been replaced by the questionable model. The evolution of criminal court and litigation mode in the imperial era not only promoted the all-round development of Roman criminal law, but also laid the institutional foundation for the development of criminal litigation system in the later civil law system.