How to understand the principles of fairness and justice in Roman law?

Ancient Roman law.

Contains basic principles: equality, human rights, reason, supremacy of law, justice.

Roman jurists divided laws into the following categories from different perspectives based on different criteria:

1) According to the different objects adjusted by the law, it 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 form of expression of law, it can be divided into statutory law and unwritten law. Statute law refers to all norms that are published in writing and have the force of law, including laws passed by parliament, the senate.

The Emperor's edicts.

Magistrate's notices, etc.;

3), according to the scope of application of Roman law, it can be divided into natural law.

Civil Law and Civil Law. Civil law refers to the law that applies only to the citizens of Rome;

4) According to the different legislative methods, it can be divided into the Civil Law and the Chief Minister's Law. The law of the prefect refers to the law composed of notices, orders, etc., issued by high-ranking Roman officials, and the content is mostly private law.

5) According to the subject of rights, the object and the protection of private rights, it can be divided into human law, material law and procedural law. The law of persons is the law that stipulates personality and identity; Property law is the law that deals with property relations; Procedural law is the method of providing for the protection of private rights.

The principles of justice and justice of Roman law are better understood by some people.

The principle of fairness and justice is to put fairness and Yuan Zhengyi in the first place.

The essence of the basic legal principles of Roman law is:

There seems to be no unanimous result in the basic principles and legal system of Roman law at home and abroad, but it is basically recognized for several important parts, and it is the source of many modern legal principles.

1. The principle of equality: In the era of Roman law, it was a slave society, and there would be no equality for all, but in fact there would be a reduction in personality. However, with regard to the status of the parties in civil activities, the principle of equality is advocated. This principle developed the later principle of equality before the law.

2. Legal person system: Roman law does not have the name of legal person, but it has established a legal person system, which divides legal persons into associations and foundations, and makes relatively systematic provisions on the rights and obligations of legal persons. We still use this classification to this day.

3. Monogamy: There is a distinction between "husband-owned and husband-free marriage" and the current connotation is different, but at least it has created a term for us and become the first to fight for future generations.

5. Inheritance system, the principle of testamentary supremacy: I appreciate the provisions of Roman law that testamentary succession takes precedence over statutory succession. Strong respect for the wishes of the parties.

7. The principle of freedom of agreement: Roman law affirmed the principle of freedom of agreement in civil activities, which has always been a fundamental principle in civil law.

Personally, I consider the principle of equality, the system of legal persons, the principle of priority of testamentary succession, and the principle of freedom of agreement to be the greatest contribution of Roman law to later generations.

Roman law was the main basis for the later European civil law system. It was also an important idea in the later democratic struggle**. It is of great significance in the history of law.

What are the legal principles of Roman law Equality before the law The supremacy of law The preservation of private property The evolution and development of Roman law: From customary law to written law: In the middle of the 5th century BC, a law made by a committee of ten members composed of nobles, engraved on twelve bronze tables, called the "Law of the Twelve Tables", marked the birth of Roman written law, which to a certain extent limited the privileges of the nobility and protected the interests of the common people.

From civil law to universal civil law. Until the middle of the 3rd century B.C., Roman law was limited to Roman citizens, and was used to regulate relations between Roman citizens, and was called civil law. It has a distinctly narrow nature.

With the expansion of Rome, it evolved into a law that was applicable to all free people within Roman rule, called the "Law of All Peoples". From fragmentation to the formation of a complete system, during the reign of Justinian I, a special committee was set up to codify Roman law, forming a compilation of laws, collectively known as the "Encyclopedia of Civil Law". It marked the final completion of the Roman law system.

Roman Law Influences: (1) Influence on Rome: Positive Aspects Politically:

The maintenance of the power of the emperor and the senate was in fact the preservation of the slavery system, the theoretical recognition of the equal rights of citizens, and the consolidation of the ruling base of the empire; Economically: protection of private property; There were detailed regulations on various contracts, which stabilized the economic foundation of the empire. Limitations Roman law was an instrument for safeguarding the interests of the ruling class.

Slaves were treated as private property, without any rights, and could not embody the true "equality before the law", which was obviously different from the modern legal system, and inevitably had the limitations of class and era. protect the slavery system and maintain the exploitation and oppression of slaves by slave owners; Women's rights are restricted. (2) Impact on the world:

It provides an ideological source for the theory of civil rights of the emerging bourgeoisie in modern times, and provides a theory for the bourgeoisie to defeat the feudal forces. It provides a ready-made legal form for the development and consolidation of the capitalist economy. It provides a model for the legislation of modern continental European countries.

Roman law is the general term for the legal norms established by the Roman Republic and the Roman Empire. These include the emperor's orders, the senate's proclamations, statutory law, and some customary laws.

1. The principle of equality.

2. Legal person system.

3. Monogamy.

4. The legal system of property rights.

5.The principle of testamentary supremacy.

6. Roman law summarizes two causes of debt: tort and treaty.

7. The principle of freedom of agreement.

1.Protect the weak.

2.Conduct attribution.

3.Equality of rights (same social status).

4.Focus on evidence.

5.The offence is statutory.

6.Presumption of innocence.

Private property is sacrosanct A tooth for a tooth, an eye for an eye.

Everyone is equal and justice is paramount.