How Roman Law Works 20

The influence of Roman law: 1. It improved the efficiency of officials and standardized their political behavior; It protected legitimate commercial interests, reduced the tension between various classes, and contributed to the long-term stability and prosperity of the Roman Empire. 2. Roman law became the basis of the civil law system and was borrowed by the bourgeois civil legislation of the Western European continent; Its principles and systems have been adopted by the modern legal system; The concepts and terminology established by Roman law influenced later generations.

Classification of Roman law.

1. The different objects adjusted according to the law can be divided into public law and private law. Public law includes the regulation of religious rituals and the organization and activities of state organs; Private law includes the regulation of ownership, creditor's rights, marriage and family and inheritance. 2. According to the expression of law, it can be divided into written law and unwritten law.

3. According to the scope of application of Roman law, it can be divided into natural law, civil law and civil law. 4. According to the different legislative methods, it can be divided into the citizen law and the chief law. 5. According to the content of the subject of rights, the object and the protection of private rights, it can be divided into human law, material law and procedural law.

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Problem description: Same as above. Analysis:

Roman law refers to all Roman laws enacted and enforced by ancient Rome from the end of the 6th century BC to the 7th century AD.

Roman law, in a broad sense, refers to the entire legal system that prevailed in the areas ruled by the Roman Empire.

Roman law in the narrow sense refers only to Roman citizenship law.

Main content: To protect the rights of free people other than slaves, and to promote free people"All persons are equal before the law".It also restricts or eliminates patriarchal and husbandly rights, protects children's property and marital freedom, and protects women's equal status in marriage.

One of the core elements is the recognition of the sanctity of property, the most important of which is the provision and interpretation of claims.

Roman law also permeated the idea of natural law.

The development of Roman law: 1. Customary law. 2. Twelve copper table method.

3. Citizenship law, a law that arose from the founding of Rome to the middle of the 3rd century BC. 4. The Law of All Peoples, formed in the late Roman Republic. 5. The activities of jurists promoted the development of Roman law and Roman jurisprudence.

6. The Code of Justinian, Justinian's General Treatise on Jurisprudence, Justinian's Doctrine Compilation, and Justinian's New Law were compiled into the Civil Law, marking the maturity of Roman law.

The Book of Roman Law.

Roman law, generally referred to as the general term for the laws of Roman slave states, existed throughout the historical period of Roman slave states. It includes the laws of the period from the birth of the Roman state to the fall of the Western Roman Empire, as well as the orders of the emperor, the proclamations of the senate, statutory law, and some ingenious customary law.

With the eventual formation of the Roman slave state, Roman law was born. Of course, the early sources of law in the republic were mainly customary law. Roman law was a system of social norms that reflected the will of the Roman slave-owning class, protected the exploitative relations of slavery, and consolidated the dominance of the slave-owning class in the organs of the state and the unlimited power over slaves.

1. The relevant private law system of Roman law was successfully borrowed and developed by the bourgeois civil legislation of the Western European continent.

The French Civil Code and the German Civil Code are the inheritance and development of the Roman law. For example, the French Civil Code formulated in 1804 inherited the style of human law, property law, and procedural law in the "Ladder of Jurisprudence";

The German Civil Code, which was implemented in 1900, was based on the Compendium of Doctrines, and formed the General Provisions, the Law of Obligations, the Law of Property, the Law of Relatives, and the Law of Inheritance. The civil law systems of France and Germany have been directly or indirectly copied by many countries such as Switzerland, Italy, Denmark and Japan.

2. Many principles and systems in Roman law have also been adopted by the legal system in modern times, such as the principle of equal rights of citizens within the scope of private law, the principle of freedom of contract, the principle of freedom of testament, the principle of "no prosecution and no reason", the principle of final adjudication in the first instance, etc., and the legal person system, property rights system, contract system, jury system, lawyer system, etc.

3. The legislative technique of Roman law has been quite clear, and the concepts, terms, and wording it determines are precise, the structure is rigorous, the arguments are clear, concise, and profound.