圣命难违与圣教一统——罗马法中的渎圣罪

The Inviolabilitv of the Imperial Order and the Domination of the Christianity——A Study on the Sacrilegium in Roman Law

渎圣罪出现于奥古斯都时期,元首制时期的渎圣罪只是保护神庙的不可侵犯性,但从戴克里先之后,随着元首制向绝对君主制的转变,渎圣罪具有了与以往不同的内涵,最重要的表现是将违反圣命的行为纳入渎圣罪,是以圣命难违。除此之外,帝国后期,随着基督教的国教化,所有异教和异端皆成了渎圣罪的调控对象,并最终在法典中形成了圣教一统的格局。无论是圣命难违,还是圣教一统,都是罗马皇权专制发展的重要表现。不仅如此,渎圣罪对后世也产生了较大影响。

The sacrilegium was created during Augustus’ s reign,at that time,it was to protect the sacrosanctity of temple,however,after Diocletian,with the transformation of the imperial power into a monarchy,the sacrilegium gained a different meaning from the past,and the act against the emperors’ order was brought into it,then the imperial order was inviolable. Apart from this,in the later Roman Empire,with Christianity having become the state religion, all paganism and heresy became the suppressed objects,and the Christianity was the only Orthodox in the Codes.Whether it was the inviolability of the imperial order or the domination of the Christianity, they all were important development of the Roman imperial power. In addition to this,the sacrilegium had a great impact on the afterworld.