On The Modernization Of England Criminal Justice In The Nineteenth Century

This article takes the advancement of England criminal justice modernization as the writing mentality ,the modernization of criminal justice as the research starting point and end-result,1800-1900 as specific historical space, the history background, the social realistic foundation, procedure, criminal court and the judicial system as the structural framing. Through research, the article attempts to come the conclusion that the England criminal justice realizes the modernization in the 19^th century which specific historical space . The article contains five parts:The first part, elaborating the history background of England criminal justice modernization. At that time, after the Industrial Revolution, the England economy has realized the industrialization; After the capitalist revolution, the politics has realized the democratization; the thought has realized liberalization. In a word, economy industrialization, politics democratization and thought liberalization urge the England criminal justice to realize the modernization in 19^th century.The second part, elaborating modernization of the criminal court. After legal reforms in 19^th century, The England judicial system have had unprecedented change, The court system trending simplification, the common law and the equity gradually moving towards unification, the modern justice system which is unifying and orderliness establishing, structural framing of the modern justice system constructing. Especially in criminal trial, the court jurisdiction and trial procedure have had the huge historical transformation, in the certain degree, It can be regarded as manifesting of the criminal justice modernization.The third part, elaborating the criminal justice modernization in procedure. England is a nationality of heavy procedure and heavy experience, especially in the process of trial, the process of trial is essentially the process of executing routine procedure. Although the equity's emerge and development entrust the judge with jurisprudence, along with the historical development, gradually the equity has also stepped onto the path of heavy procedure. In 19^th century, after two stages legal reforms, the tradition which accumulates for several hundred years was broken.The fourth part, discussing the modernization characteristic from the main body of the criminal jurisdiction. The jurisdiction always need to execute by the person, The judge which is executing the criminal jurisdiction has the development in 19^th century.The fifth part, elaborating the modernization of the jury and the appeal system. The jury's utilization is the main characteristic of England criminal trial. Through the research to development and function in 19^th century which the specific time, the author thinks that the jury has realized modernization, but no decline that most scholars think. The appeal system is a main relief way to client, although the appeal system wasn't established formally in 19^th century, It paves the way to the formal establishment of the appeal system in 1907.