摘要
罗马法研究在中国到底有什么现实意义这个问题涉及了人们对在中国进行罗马法研究必要性的最核心的价值判断。如果要解决这个疑问,有必要从如下方面进行分析:(1)罗马法是什么?(2)在现代社会立法中是否还有罗马法?(3)罗马法与中国法律有什么关系?就何为罗马法以及在现代社会立法中是否存在罗马法的问题,笔者用概述的方法简要分析之。而就罗马法与中国法律的关系,则是笔者在本文中要分析的重点。
As a Roman law scholar in China,the following is a question the author has often been asked by familiar or unfamiliar colleagues and friends: what is the practical significance of researching Roman law in China? Objectively speaking,this question is involved in the core value judgment of the necessity of researching Roman law in China. If we want to answer this question,it is necessary to consider and analyze the following questions: ( 1) What is Roman law? ( 2) Can we find Roman law in modern social legislation? ( 3 ) What is the relationship between Roman law and China's laws? This article thus examines these three questions in turn. After briefly analyzing the first two questions by the outline method,this article specifically focuses on the third question: 'What is the relationship between Roman law and China's laws?'
