俄国1864年司法改革探讨(2)[俄语论文]

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The eve of the transformation of the performance of the 19th century 60, 70 years of Tsar Alexander mountain Nianye II is one of Russian history the most serious historical matters, has always been for the Chinese and foreign historians concern. 1853-1856 years of fighting in Crimea in the future, the Russian in the international initiative to change the situation of the Russian initiative to start the transformation of the eve of the. 1861, the official start of the transformation of the reform of the Russian system of. After breaking the serfdom, Tsar Alexander II in succession stopped teaching transformation, local autonomy reform, judicial reform, financial reform and military transformation, which pioneered the Russian history "of" big transformation period. Transformation marks the beginning of the reality of the ancient Russian, for Russia to the transformation of the ancient society and laid a solid foundation. The Tsar Alexander II announced in 1864 the judicial reform is regarded as the most successful transformation in the transformation of the. The creation of a European judicial reform is in the form of new style legal system work. Judicial independence, the trial of the ground, the principle of debate, jury trial, lawyer system, such as the new system and the concept of the introduction of Russia, Russia has a set can be comparable with the European countries of the judicial system. But in the international academic circles, the lack of special research on the judicial reform, the thesis is also very few. Based on this, this paper intends to present information basically, the judicial system reform thorough discuss Alexander ii. This is the starting point of this paper. The fundamental indecent point is: judicial reform for Russian law treatment country construction has laid the foundation, and promote the early Russian economic and social transformation. In detail: before the judicial reform in 1864, the governance effect of the extensive existence of the Russian judiciary is low, rot and so become a major disadvantage of the judicial system of the authority of the judiciary. In essence, how to improve the level of judicial governance in Russia has become a major goal of the past dynasties. Peter I of the judicial reform, ekarepha II premises management system changes, Nicholas era of codification is the Tsarist authorities change Russian judicial system of rail test, but before the judicial system in the presence of ills until 1864 judicial reform still can't get useful treatment. After the Tsar Alexander II to step down, get rid of serfdom, further highlights the necessity and urgency of judicial reform. In the opening of the right to development, to progress the Russian judicial governance of Alexander II resolution performance of judicial reform. In 1864, the signing of the law of the rule of law, the official beginning of the implementation of judicial reform. 1864 judicial reform important innovation is that judicial power and administrative power absolute respectively, action principle of plea bargaining in the introduction, establishment of the jury system, resistance type forms of action and actually made, the introduction of lawyers and lawyers association trial underground implementation. Transformation founded Xiang county judicial district -- center of province level five court system, perfect the censorship system, to create a more perfect system of appeals style, constitute the Ministry of justice and participating in the court of the combined under the supervision of the judicial administrative system. But the most innovation is to create the jury system and the lawyer system. The Russian jury system was founded in the form of English and law. Jury is important through the process of a simple principle to judge, the jury's decision process by the judicial oath, the judge's score list system, social ethics and moral character and other factors. The introduction of jury system is an example of the national intervention in the judicial process, and it has important significance in the history of Russian public legal system. Lawyers in modern Russia are divided into sworn lawyers, practicing lawyers and private lawyers. The lawyer is on behalf of the parties to protect individual rights, their right to free speech. Their governance was served by the autonomous Bar Association. It can be said that the establishment of judicial reform of the legal system on the protection of the system under the dictatorship of the individual power has an important role in the side. The aim of judicial reform is to push Russia to take the way of the rule of law. But the judicial independent, judicial power and administrative power respectively to the Czar authoritarian power occurred huge threat, the judicial reform gradually become conservative onslaught of the object. In the 1970s, followed by Russian political situation changes, the Tsarist authorities began using indirect and direct way to reduce the influence of the judicial reform, among them most major anti transformation approach is set up in 1881 the safe rule was announced and 1889 regional main seat rail system. Transformation gradually to the anti transformation. Under the influence of the anti reform, the judicial independence suffered a strong weakness of the authoritarian power of provocation. Until 1917, the transformation of the country to establish the purpose of the rule of law is still not complete. Although the predicament, judicial reform in promoting the early Russian social change plays the very important role, judicial reform accelerated the early Russian economic and social transformation of the measures. Alexander II implemented other transformation, the victory of the judicial reform depends on to a change in the tsarist autocracy system style. But the change of the dictator's own hands to change the control of the dictatorship, is due to this, the transformation of the judiciary can not be completed and the real change of the Russian public legal system. this paper

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