从罗马合同赔偿制度与唐朝贸易管理制度看“一带一路”法治建设

Reflections on the Rule of Law Construction of "One Belt One Road" from the Roman Contract Compensation System and the Trade Management System of Tang Dynasty

丝绸之路的开辟距今已有2000多年的历史,不仅加强了各国之间的经济往来,开辟了经济繁荣的新时代,同时对各国间的文化交流、民族融合、宗教传播、法律制度和社会建设都起到了促进作用。纵观历史,维持丝绸之路长久存在的原因不仅包括各国之间稳定和强烈的贸易需求,完整的法律秩序也是不可缺少的。因此研究丝绸之路沿线国家和民族的法律制度,特别是罗马法中的合同赔偿制度和唐朝贸易管理制度,对"一带一路"法治建设具有一定的借鉴意义。

The opening up of the silk road has a history of over 2000 years, it not only strengthened the economic ties between countries, opened a new era of economic prosperity, and to all the intermediate cultural exchanges, ethnic integration, religious communication, legal system and social construction have played a role in promoting. Throughout history, the reasons for the long existence of the silk road not only include the stable and strong trade demands among the countries, but also the complete legal order. Therefore, the study of the legal system of the ethnic groups and countries around the silk road is of great significance to our understanding of the operation of the Silk Road and the construction of the maritime Silk Road in 21 Century. This paper takes Rome law in the contract compensation system and the trade management system of the Tang Dynasty as research material, significance analysis of the legal system of the period of the Silk Road on ＂One Belt One Road＂ construction.