摘要
Legal doctrine is not an unfamiliar word,but it has not been a frequently mentioned one in the Chinese legal context.In one word,the legal doctrines are products of disputes among legalists,and"a set of shared rules"proved by legal practice and passed down for generations.Legal doctrines are aimed at interpretation and systematization of law,a mission that has mainly
Legal doctrine is not an unfamiliar word, but it has not been a frequently mentioned one in the Chinese legal context. In one word, the legal doctrines are products of disputes among legalists, and ＂a set of shared rules＂ proved by legal practice and passed down for generations. Legal doctrines are aimed at interpretation and systematization of law, a mission that has mainly been completed by legalists. They had been seeking source of justice among various formulated laws, cases and other types of legal sources, unifying diversified and fragmented thoughts, putting them into different categories, debating various topics involved in such a process. Such debates usually did not end with any certain solutions or conclusions, but with an emphasis of continuous adjustment and pursuit in the process of constructing a pyramid of legal systems. How did the legal doctrines come into force？ The truth would reveal itself in the process of tracing the history, which is just what the author attempts to do in this paper by combing through ancient Roman classics, in an attempt to detect the fate of Roman law as well as its doctrines in the eyes of medieval schools of glossators and post glossators, the purpose of which lies in： the contemporary Chinese legalists should dedicate themselves to the interpretation and systematization of law, making their own contribution to the continuous vitality of legal doctrines.
