Тип публикации: статья из журнала
Год издания: 2021
Идентификатор DOI: 10.17803/2587-9723.2021.4.126-131
Ключевые слова: ancient Russia, German custom, positive law, legal system, national custom
Аннотация: 摘要：俄罗斯诉讼法制的形成与其独特的历史演进轨迹紧密相关。按照诺曼起源说，斯堪的纳维 亚文化是俄罗斯早期文化最重要的渊源，原始社会罗斯部族混乱时期，诺曼人一支瓦良格人入主 罗斯应邀为王，由此带来了日耳曼习惯法，用以调整各部落社会经济和法律关系。随着古罗斯国 家的形成，统治阶级不断强化新的法律规范的创制，但是习惯法仍然在国家的法律体系中具有 无法撼动的统治地位。同时，习惯法体系当中的习惯准则，作为介于道德与法律之间的准法规 范，更成为了俄罗斯社会发展各个阶段中，社会习俗和规范体系当中不可或缺的有机组成部分 关键词：古罗斯日耳曼习惯成文法诉讼法制民族习惯 The formation of the Russian procedural legal system iПоказать полностьюs closely connected with its unique historical evolution. Russian Russian culture According to the Norman theory of the origin of the Russian nation, the Scandinavian culture is the most important source of early Russian culture. During the chaotic period of the tribe at the stage of primitive society, the Norman Varian was invited to Russia to reconcile the tribes of Russia and manage them, and this brought the Germanic custom to regulate the socio-economic and legal relations of various tribes. Since the formation of the ancient state of Russia, the ruling class has constantly strengthened the drafting of new laws and regulations, but customary law still dominates the legal system of the state. At the same time, ordinary norms in the system of customary law as a quasi-legal norm between morality and law have become an integral organic component of social customs and norms at all stages of Russian social development.During the period of Ancient Russia, the common custom of the Slavic people and the Norman Customary Law had a profound impact on the social life of ancient Russia. From the beginning of the 9th to the 17th century, customary law existed as the main legal source for regulating social relations in the late period of the development of Russian primitive society and in the earlier time of feudal society. His coercive force was based on the conviction that was widespread in the social community during this period, that is, "existing customs denote a reasonable basis". With the formation of the East Slavic state, the rulers began to work on drafting new legal norms, but inheritance is still mainly based on customs based on the clan system. As a result, as a rule of conduct recognized and guaranteed by the state, traditional customs gradually acquired a legal nature, and after that, positive law was formed. "Russkaya Pravda" is the most representative legal collection in the early years of the Russian feudal society, "The Truth of Ross", which was compiled according to the customs of the Eastern Slavs, and is the very fi rst positive law of ancient Russia.Before the appearance of formal law, customary law always played a role and coercive force as legislation, but the self-defense and insane methods of revenge obtained from it also caused social unrest. In order to stop personal self-defense and self-arbitrariness, as well as to strengthen ties between different regions, it is necessary to use the power of common law to unite the Principality into a whole. Although the new law does not exclude the original good customary norms, if there are no necessary penalties for violations, it will be destructive for the law. Therefore, it is necessary to give customary law a legal meaning and a compelling force, without changing the existing content of customary law.I must say that the German customs and the traditional customs of the Slavic people are intertwined in the historical codifi cation of Russian procedural law, forming a unique historical path of development of the procedural legal system of ancient Russia. Although national customs were recognized by the state in the form of positive law with the help of " Russian Truth”, and became the norm of justice and social norm on the basis of the guarantee of national coercive force, but this did not change the essence of customary law, but the form of positive law was given to it. As the modernization of the Russian judicial system moves into modern times, generations of legislators and lawyers are focusing on the study of national legal traditions and history, trying to discover the natural laws governing the development of the Russian legal system, and are constantly trying to make progress in the modern and modern process of judicial reform. The harmony of legislation, the borrowing of laws and national customs to a certain extent ensured a reasonable adjustment of national laws and norms of customary law.
Журнал: Юридическая наука в Китае и России
Выпуск журнала: № 4
Номера страниц: 126-131
ISSN журнала: 25879723
Место издания: Москва
Издатель: Московский государственный юридический университет им. О.Е. Кутафина (МГЮА)