論陪審制在中世紀歐陸的起源因素

On the Origin Factors of Jury Trial in Medieval European Continent

西歐中世紀加洛林王朝時期的一些法律和司法措施是形成後來英美法系陪審制度的歷史因素。這些因素具有顯著的日耳曼特色和加洛林王朝背景，包括民眾參與審判的傳統、巡閱使制度、Scabini制度、糾問式審問方法以及宣誓調查法等。此後這些因素被諾曼底公國繼承，1066年諾曼征服後，這些因素傳入英國，並最終形成了陪審制度。英美陪審制根植於日耳曼習慣法中，其起源與中世紀王權緊密聯系，陪審制度的形成使陪審員由證人向審理者角色轉變。

The legal and judicial measures ofCarolingian dynasty in the Middle Age were the origin factors to the later Jury trial in Common Law System. The factors had prominent Germanic and Carolingian characteristics, which include the tradition that public participation to trial, the system of Itinerant deputies, of Scabini, of Inquisitio and Sworn inquest. Both of them were accepted by Duchy of Normandy and then, in 1066, by the Norman Conquest, came into England and became Jury trial finally. The Jury trial had roots in the tradition of Germanic law, the origin of Jury trial had close connection to the jura regalia in medieval age. The Jurors who were former witnesses became judges during the formation of Jury trial.