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| 文章编号：1672-3104(2018)04-0191-07 |
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公元前4世纪雅典海事法庭初探 |
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陈思伟 |
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（华南师范大学历史文化学院，广东广州, ，510631） |
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| 摘 要： 海事法庭创立之前，雅典因海上贸易纠纷引发的案件一般由海上事务推事官负责审理。然而，因推事官缺乏专业性且人手不足，案件的审理过程拖沓而缺乏实效。自公元前4世纪中叶起，为了促进海上贸易的发展，解决城邦粮食和日常生活用品供应不足的问题，雅典创设了海事法庭审理海事纠纷。在控辩双方人员构成上，海事法庭超越邦际界线，使外侨、异邦人甚至奴隶等非公民在海上贸易事务上也享有法理上的平等司法权。因陪审员多由熟谙海上事务的公民抽签组成，所以审理的案件更加专业。因安排在冬季封海时节并将取证和仲裁合而为一，海事案件的审理更加合理快捷。通过公民担保、对败诉且无法偿还者实施强制人身拘禁和罚款、采用告发等防止恶意诉讼的措施，保障了审判结果的有效性。海事法庭的创设促进了公元前4世纪雅典的海上贸易，为后世海商法的发展奠定了基础。 |
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| 关键词： 公元前4世纪；古典雅典；海事案件；海事法庭 |
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Athenian maritime court in the 4th century B.C. |
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CHEN Siwei |
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（School of History and Culture, South China Normal University, Guanzhou 510631, China） |
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| Abstract: Before the maritime court was established, the cases in Athens concerning maritime trade disputes had been tried by nautodikai. But because of the lack of expertise and short of hands, the process of hearing was dilatory and inefficient. Then, in the mid-4th century B.C., in order to promote maritime trade and to satisfy Athenians’ needs of corns and other necessities, maritime court was set up to cognize maritime disputes. In the composition of the prosecution and defense personnel, the maritime court went beyond the boundaries of states or nations so that non-citizens enjoyed equal judicial rights. Moreover, because the jury consisted of citizens balloted from those who were proficient in maritime affairs, the hearing was more professional. As the trial was arranged in winter when going out to sea was forbidden, and as evidence-obtaining and arbitration were taken as one, the trial of the case was more reasonable and less time-consuming. And measures including assurance from the citizens, imprisonment and fine of those who lost the trial yet could not pay, fine, and adoption of malicious lawsuits like delation, guaranteed the effectiveness of the result of the trial. Hence, the establishment of maritime court promoted Athenian maritime trade, and laid a solid foundation for the development of later maritime laws. |
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Key words: the 4th century B.C.; classical Athens; maritime cases; maritime court |
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