A Study On The Inquisitorial System Of Criminal Procedure Of The Church In The Middle Ages

This thesis studies the inquisitorial system of Church Law in the middle ages.As a typical and formal system,the inquisitorial system of Canon Law was established by Pope Innocentâ…¢at the Fourth Latern Council in 1215.The author considers that there exists any relationship between the power structure of the Church and the inquisitorial system of the Canon Law,the author investigate the history background of the inquisitorial system of the Canon Law:the establishment of authoritative status of the Pope and the power structure of autocratic governance by Pope and the relationship between the church's power and the king's power,the church's court and the common court in the operating procedure of the church's power.The author considers that the power structure of the Church is beneficial to the procedure and development of the inquisitorial system.There are four chapters in this thesis.In the instruction part,the thesis puts the problem forward and introduces the current study condition of this theme,the point-views in the academic realm both in the abroad and in our country,the constructing method of this thesis and the use of materials.In the first part of this thesis,making a general introduction to the adversary system of the Canon Law before 1100s for the purpose of making this thesis more completed.There are five gradations in this part.First,it introduces three ways of accuse of the adversary criminal system what include accuse and denounce;Second,it includes the trial procedure of the adversary system of the Canon Law;Third,it mainly focus on the evidence system of the adversary system what include the standard to prove and the way to prove;Forth,it introduces the decline of the adversary system. Fifth,give a brief summary of this chapter. The second part of this thesis mainly concerns the factors produce an effect on the inquisitorial criminal system of the Church in the operating procedure of the Church. This chapter can separate into five parts:First,introduce the establishment of authoritative governance by the Pope which mainly recount from the formation course and reasons;Second,analyze the power structure of the Church;Third,introduces the relationship between the church's power and the king's power;Forth,introduces the relationship between the church court and common court;Fifth,give a brief summary of this chapter.The third part mainly studies the inquisitorial criminal system of the Church.It mainly has six aspects:above all,the introduction to background of getting control power and its contents;Furthermore,the introduction to three ways of accuse in the procedure which include accuse,denounce and inquisitorial;Coming close to it,it introduces the torture system;At last,the introduction to the inquisitorial process of the Inquisition and get the conclusion of this thesis.The production of the inquisitorial criminal system of the Church is not accidental,it is relates to the establishment of the Pope's authoritative status and the power structure of the Church,it is the requirement and production of times.At last,the author recognizes that the power structure of the Church is suitable for the producing and development of the inquisitorial criminal system of the Church. Although the church doesn't have the country's nature in a whole meaning,for the church's statues in Europe,it not only has its own organization,but also has much property such as land,it becomes the political organization contend with the common regime.It is requirement of times and its produce is not accidental.It produces an effect on the criminal procedure of the countries which is belong to continental law system.