检察制度起源再探

现代检察制度源于欧洲,进而又被推及到世界各国.而最早建立检察机关和确立检察制度的国家,当推封建社会时期的英国和法国.英法两国仅仅相隔一道不足30公里的英吉利海峡,均继承了起源于西欧大陆的日耳曼习惯法,但在中世纪晚期却分道扬镳,一个成为普通法系的发源地,而另一个则被奉为大陆法系的肇始国,其检察制度的发展道路迥然相异、各具特色,本文试对检察制度的起源进行考察.

The Initial Research on the Origin of Procuratorial System

The modern procuratorial system originated in Europe and was then introduced into all countries throughout the world.But the feudal Great Britain and France were the first to set up the procuratotial institutions and system.Only separated by less than 30miles of the English Canal,the two countries both inherited the German customary laws derived from the western continent.But the later medieval times witnessed their departure.The English legal system was characterized by its unique form of case law while the French adopted the written law form,with one being the origin of the common law system and the other the originator of the continental law system,the result of which was different peculiar procuratorial systems.The article will observe the origin of the procuratorial system.