罗马法的借鉴价值

A Discussion About the Reference Value of Roman Law

罗马法作为人类古代社会最发达的法律体系,流传至今仍不减其影响,关键在于它的借鉴价值。它随着罗马国家的形成应运而生,顺应罗马政治、经济的需要不断发展,随着东罗马帝国的灭亡逐渐衰落;但由于特殊的历史需要,罗马法在中世纪又获得“复兴”。其历史源远流长,以至达到了一个非常发达的程度,它以比较成熟的法学理论、深刻的法律思想、科学的法律体系等特色赢得了世人的瞩目。与此同时,罗马法的内容极其充实,它的很多原则和制度被近现代世界上许多国家所借鉴。不言而喻,罗马法对我国法制建设的作用也不容忽视,研究罗马法所得出的结论对我国法制现代化的过程有着深远的借鉴意义。

The key reason why Roman law has been handed down and why its influence as the most advanced legal system in ancient society has not been impaired is that it is of great value as a reference. Roman law originated with the establishment of the Roman Empire, evolved with the Empire's development of the politics and economy and decayed with the Empire's destruction. However, the Middle Ages saw a 'renaissance' of Roman law. A long history of development enabled Roman law to evolve into a very sophisticated one. Comparatively, with ripened legal theories, deep legal thoughts and scientific legal regimes, Roman law has become a focus of world attention. Furthermore, Roman law is substantial in content. Many of its principles and regimes have been borrowed as a reference tool by many countries. No wonder, Roman law's role in the development of China's legal system cannot be ignored. The result of a study of Roman law is of profound significance for the modernization of the legal system of the PRC.