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美国大陪审团有据可查的历史可以追溯到1635年的北美殖民地时期。当时,大陪审团在刑事诉讼和地方公共事务方面享有广泛权力,被称为立法、行政与司法之外的“第四部门”。在北美殖民逐步迈入革命的过程中,大陪审团的权力达到巅峰,成为限制英国王权的重要工具。美国建国之后,大陪审团制度被写入联邦宪法,成为刑事诉讼的重要参与者。实践证明,作为美国民众参与司法的重要方式,大陪审团仍然是限制检察官公诉权、挑战政府强权和抵抗汹涌民意绑架司法的重要制度设计。
The well-documented history of the American grand jury dates back to the North American colonial period of 1635. At that time, the grand jury enjoyed extensive powers in criminal proceedings and local public affairs, and was referred to as the “fourth department” beyond legislation, administration and justice. As North American colonialists gradually stepped into the process of revolution, the grand jury power reached its peak and became an important tool to limit British royal power. After the founding of the United States, the grand jury system was written into the federal constitution and became an important participant in criminal proceedings. Practice has proved that, as an important way for the American people to participate in the judiciary, the grand jury is still an important system design that limits prosecutors’ public prosecutorial power, challenged the government’s power and resisted the ransom of public opinion and the kidnapping of the judiciary.