During the Beiyang period of the early Republic of China,the re-trial system 覆判 referred to the practice where cases considered by the county magistrate had to be sent to the provincial high court for re-trial to en...During the Beiyang period of the early Republic of China,the re-trial system 覆判 referred to the practice where cases considered by the county magistrate had to be sent to the provincial high court for re-trial to ensure that the case facts were true,the law was correctly applied,and the penalties were appropriate.The scope of the re-trial cases continuously expanded from 1912 to 1922 and,finally,the Amendment to the Statutes on the Re-trial System in 1922 stipulated that all cases under the jurisdiction of the district courts where county magistrates tried,whether through appeal or re-trial,had to be re-tried by the high court or its branches.The adjustment of the scope of the re-trial cases was closely related to the extent to which the county magistrates'judicial discretion was restricted.During the Beiyang period,due to the failure to establish fornial courts of the first instance in counties throughout the country,the county magistrates concurrently handled judicial affairs,which inevitably caused the magistrates’judicial discretion.The re-trial system was originally designed to compensate for the drawbacks of county magistrates managing judicial affairs and to facilitate the transition within the judicial system.However,the interpretation of the role of the re-trial system should not be limited to reconciliation and adaptation of the old and new judicial systems in the Beiyang period but also to compensate for the deficiencies of county magistrates,judgments by continuously improving the re-trial procedure and to ensure the fairness of justice through restrictions on the judicial discretion of county magistrates,the enjoyment of equality of procedures,and the establishment of supervision procedures.展开更多
Transilvania is a province of the actual state of Romania, geographically situated in the middle of the country, in the inner arch of the Carpathians. Starting with the 10th century, the territory of Transilvania beca...Transilvania is a province of the actual state of Romania, geographically situated in the middle of the country, in the inner arch of the Carpathians. Starting with the 10th century, the territory of Transilvania became attractive for the neighboring Hungarian royalty and later on, in the 1 lth century it was annexed into Hungary. For a better control of the newly annexed territory and in order to convert the orthodox population to Catholicism, the Hungarian rulers brought the Szeklers to Transilvania and two centuries later, German originating populations, from Rhine, Luxemburg, and Saxony （the name of Sas people, or Saxon of Transilvania derives from ＂Saxony＂）. The aim of this paper is to focus on the Sighisoara County, namely on the easement of certain areas for temporary or permanent maintenance or use by the church and hospitals in the region. That was a common practice in Medieval Europe aimed at ensuring the survival means for these institutions. However, it was not the only one to serve this goal. There were also donations on behalf of various people or allocations of money by the county authorities. The documents attesting this are unpublished, unedited and are to be found in the archives of the Brasov County, Budapest, and Vienna. They are the stepping stone of this paper and hence, they grant its originality. The objectives of the paper are to bring arguments in favor of the thesis that community money was directed towards meeting the needs of the hospitals, as well as towards supporting the widows, the orphans, and the needy ones. Worth noting in this respect is the management of the funds ceded to the church and county hospitals and that actually benefitted the whole community. Moreover, the paper also emphasizes the role played by education, since the latter is an important landmark for a community＇s development level展开更多
文摘During the Beiyang period of the early Republic of China,the re-trial system 覆判 referred to the practice where cases considered by the county magistrate had to be sent to the provincial high court for re-trial to ensure that the case facts were true,the law was correctly applied,and the penalties were appropriate.The scope of the re-trial cases continuously expanded from 1912 to 1922 and,finally,the Amendment to the Statutes on the Re-trial System in 1922 stipulated that all cases under the jurisdiction of the district courts where county magistrates tried,whether through appeal or re-trial,had to be re-tried by the high court or its branches.The adjustment of the scope of the re-trial cases was closely related to the extent to which the county magistrates'judicial discretion was restricted.During the Beiyang period,due to the failure to establish fornial courts of the first instance in counties throughout the country,the county magistrates concurrently handled judicial affairs,which inevitably caused the magistrates’judicial discretion.The re-trial system was originally designed to compensate for the drawbacks of county magistrates managing judicial affairs and to facilitate the transition within the judicial system.However,the interpretation of the role of the re-trial system should not be limited to reconciliation and adaptation of the old and new judicial systems in the Beiyang period but also to compensate for the deficiencies of county magistrates,judgments by continuously improving the re-trial procedure and to ensure the fairness of justice through restrictions on the judicial discretion of county magistrates,the enjoyment of equality of procedures,and the establishment of supervision procedures.
文摘Transilvania is a province of the actual state of Romania, geographically situated in the middle of the country, in the inner arch of the Carpathians. Starting with the 10th century, the territory of Transilvania became attractive for the neighboring Hungarian royalty and later on, in the 1 lth century it was annexed into Hungary. For a better control of the newly annexed territory and in order to convert the orthodox population to Catholicism, the Hungarian rulers brought the Szeklers to Transilvania and two centuries later, German originating populations, from Rhine, Luxemburg, and Saxony （the name of Sas people, or Saxon of Transilvania derives from ＂Saxony＂）. The aim of this paper is to focus on the Sighisoara County, namely on the easement of certain areas for temporary or permanent maintenance or use by the church and hospitals in the region. That was a common practice in Medieval Europe aimed at ensuring the survival means for these institutions. However, it was not the only one to serve this goal. There were also donations on behalf of various people or allocations of money by the county authorities. The documents attesting this are unpublished, unedited and are to be found in the archives of the Brasov County, Budapest, and Vienna. They are the stepping stone of this paper and hence, they grant its originality. The objectives of the paper are to bring arguments in favor of the thesis that community money was directed towards meeting the needs of the hospitals, as well as towards supporting the widows, the orphans, and the needy ones. Worth noting in this respect is the management of the funds ceded to the church and county hospitals and that actually benefitted the whole community. Moreover, the paper also emphasizes the role played by education, since the latter is an important landmark for a community＇s development level
