论公私法划分起源于古希腊法

Study on the Division of Public and Private Law Originated in Ancient Greece

公私法划分最早由罗马法学家提出的这一观点一直被学界广泛接受,本文认为公法与私法的划分最早出现于古希腊法,古希腊的自然法思想和辩证法方法为公私法划分提供了理论来源,古希腊司法实践中最早出现了公私法划分的雏形,罗马法学家西塞罗最先将古希腊公私法划分方法引入罗马法并发展完善。

The earliest division of public and private law perspective proposed by the Roman jurists has been widely accepted by scholars, this paper considers the division of public and private law first appeared in ancient Greek law. The natural law and the dialectic method in ancient Greek provided a theoretical sources for division of public and private of law, the earliest prototype of division of public and private law appeared in ancient Greek judicial practice, Roman jurists Cicero firstly introduced division of public and private of law from the ancient Greek into Roman law and developed greatly.