试论公元前5世纪中期雅典的陪审法庭变革
张春梅
提 要:雅典的陪审法庭创建于梭伦改革时期,最初附属于公民大会。公元前5世纪中期,陪审法庭从公民大会中分离出来,成为雅典民主制的核心机构之一。从形式上看,它从单一的法庭转变成多个陪审法庭;从职能上看,陪审法庭新增了官员的任职资格审查和账目审计等职权;从性质上看,陪审法庭不仅仅是接受上诉案件的终审法庭,还是一审的法庭;另外,陪审津贴的颁行给每一个公民以出席陪审法庭的机会。陪审法庭的这些变革是雅典民主化进程的需要,也是人口增长和雅典帝国事务增多的结果。
关键词:陪审法庭 雅典 民主制
Title:The Changes in
Athenian Jury Courts during the Mid-fifth Century B.C.
Author:Zhang Chunmei, Lecturer, College
of History, Dalian University, Dalian, Liaoning, 116622,
China
Abstract:Athenian Jury Court, established by
Solon, was attached to the Assembly in the beginning. In the
mid-fifth century B.C., Jury Court was separated from the
Assembly and became one of the main sections of the Athenian
democratic system. Later, in terms of organization, the one
and only Jury Court--Heliaia changed to many Jury Courts
called dikasteria. In terms of function, the new Jury Courts
were trusted with the powers of dokimasia and euthyna. In
terms of nature, the dikasterias were not only the courts of
last instance dealing with appeals, but also the courts of
the first instance. In addition, the payment for jury
service improved the condition for citizens to serve as
Jury. These changes happened because of the needs of the
Athenian democratization progress, the population growth,
and the increase of public affairs within the Athenian
world.
Key wards:jury courts Athens
democracy