19世纪上半叶西西伯利亚省普通法院法官的形式性质特征

IF 0.1 Q4 MULTIDISCIPLINARY SCIENCES
Vitaliy A. Voropanov
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引用次数: 0

摘要

本文旨在分析19世纪上半叶西西伯利亚省一般管辖法院公务员人事管理的成果和法官团的变化。在研究过程中,作者采用了分析综合法、分类法、描述法、历史类型学法和历史遗传学法。本研究的主题是司法机构的正式名单。为了达到这一目的,作者使用了1807年至1851年期间的各种人事核算文件,从而有可能评估省级法官小组变化的性质,并对改革前司法官僚代表的发展作出结论。对官方名单的分析表明,在19世纪上半叶,西西伯利亚的国家政策确保了省级法院人员的保持和提高。直接任命部分地弥补了地方合格官员的短缺:根据1825年的名单,10个省级法官中有5个来自俄罗斯的欧洲部分;1850年,11人中有7人。在1807至1814年名单中,有一半的陪审员和法律助理,即司法委员会的初级和高级成员是从军队开始服务的,18名官员中只有7人以前有参与司法行政的经验。但是,8名前白领中有7名具有丰富的刑事诉讼背景。在1822年地方政府体制改革的过程中,各省法院只保留了法律助理,增加了职位的人员规格。在职业生涯中表现出显著成就的官员被任命为法官,8人中有5人以前有参与司法的经验。在19世纪的前25年,作为司法质量保证的杰出成就的公务员被选为省级法院的主席;他们以前在司法领域的经验的重要性是无关紧要的。在19世纪后半叶,司法小组的演变加速了。在1850年的法官名单中,11名法官中只有1名是有15年公务员经历的军人。所有的官员都有官方的奖励和表彰。法官的通识教育水平在19世纪后半叶客观上有所提高。三名官员在被任命到省法院之前获得了司法经验。但是,参与司法行政的期限是不同的:省级法院的代表和院长为2年和8年,法律助理为4年至6.5年,有4个案件超过14年,有2个案件超过21年。出身于贵族、公务员和神职人员家庭的人在省级法官中占主导地位,在1807年至1825年和1850年至1851年的法官名单中占80%以上。大多数省级法官的财产状况取决于他们的工资率。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Judges of provincial general jurisdiction courts in Western Siberia in the first half of the 19th century: Formal qualitative characteristics
The article is aimed at analyzing the results of civil service personnel management in provincial general jurisdiction courts and changes in the panel of judges in Western Siberia in the first half of the 19th century. In the course of the study, the author uses the following methods: analysis and synthesis, classification, descriptive, historical-typological, and historical-genetic methods. The subject of the study is the official lists of judicial establishment. To reach the aim, the author uses a variety of documents for personnel accounting for the period from 1807 to 1851, which makes it possible to assess the nature of changes in the panel of provincial judges and to make conclusions about the development of the pre-reform judicial bureaucracy representatives. The analysis of the official lists shows that in the first half of the 19th century the state policy in Western Siberia ensured maintaining and improving the quality of the personnel of provincial courts. Direct appointments partly compensated the shortage of local qualified officials: according to the lists of 1825, 5 out of 10 provincial judges came from the European part of Russia; in 1850, 7 out of 11. Half of the assessors and legal assistants, i.e. junior and senior members of the judiciary board from the lists of 18071814 began their service being in the army and only 7 out of 18 officials previously gained experience of participating in the administration of justice. However, 7 out of 8 former white-collars had a substantial background in crime proceeding. In the course of the local government system reform in 1822, only legal assistants were left in the provincial courts, which increased the number of position's person specifications. Officials who had demonstrated remarkable career achievements were appointed to the bench, 5 out of 8 had previous experience of participating in the administration of justice. In the first quarter of the 19th century, civil servants whose outstanding achievements served as a guarantee of the quality of justice were selected for the positions of chairmen of provincial courts; the significance of their previous experience in the field of justice was irrelevant. In the second quarter of the 19th century, the evolution of the judiciary panel accelerated. In the lists of 1850, only 1 out of 11 judges was a former military man with 15 years' civil service experience. All officials had official awards and commendations. The level of judges' general education in the second quarter of the 19th century objectively grew. Three officials gained experience in administering justice before being appointed to the provincial court. However, the terms of participating in the administration of justice were different: for deputies and presidents of provincial courts it was 2 and 8 years, for legal assistants from 4 to 6.5, in 4 cases more than 14 years and in 2 cases more than 21 years. Those born into families of nobles, civil servants and clergy predominated among provincial judges, making up more than 80% of the lists of 1807-1825 and 1850-1851. The property status of the majority of provincial judges depended on their wage rate.
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Tomsk State University Journal
Tomsk State University Journal MULTIDISCIPLINARY SCIENCES-
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