Roman law belongs to the classification of twelve tables: legal terms, legal knowledge and legal vocabulary. Roman law Roman law, in a narrow sense, is the general name of the legal norms formulated by Rome, the Republic of China and the Roman Empire. The history of the popularization of Roman law system began in the Eastern Roman Empire and reached its peak in the period of the Eastern Roman Emperor Justinian I. After that, the Eastern Roman Empire closed itself, the Western Roman Empire perished, and the European continent entered a relatively dark Middle Ages. The subject of Roman law was once lost for more than 600 years. Directory [hidden] 1 historical origin 2 historical value 3 perfect factors 4 reference value 5 related entries 6 reference Roman law-historical origin Roman empire Roman law originated in the Roman city-state. With the continuous expansion of Roman territory, from unifying Italy and monopolizing the Mediterranean to establishing a slave empire across Europe, Africa and Asia, Roman law has also developed from narrow city-state customary law and civil law to universal law, and finally formed the first legal system with world nature. After the formation of Roman law, it experienced several stages: "royal government" period, * * * period and imperial period. After the Roman law came into being, with the continuation of the history of Roman countries, it developed continuously to meet the needs of Roman politics, economy and ruling class. In the 5th century BC, Rome * * * and the Senate set up the Codification Committee, and in 45 1 BC, the law of ten tables was formulated, and two tables were added the following year, which constituted the first written law of ancient Rome, the Law of Twelve Copper Tables. This law is a milestone in the development history of Roman law, which summarizes the early customary law of Roman society and lays a solid theoretical foundation for the future development of Roman law. In Rome and its later period, legal research activities began to rise, which effectively promoted the development of Roman law. In the 6th century, during the rule of the Eastern Roman Empire, Emperor Justinian personally presided over the compilation of Justinian Code, Collection of Doctrine and Ladder of Law, which marked the development of Roman law to a mature and complete stage. This code completely and systematically retains the essence of Roman law, which has an unparalleled influence on the formation and development of legal systems in European countries. Engels called it "the first worldwide law".

After the demise of the Western Roman Empire, "due to the invasion of the Germanic Empire and the decline of the Roman Empire, Roman law was gradually forgotten by the years after its glory for hundreds of years." However, the influence of Roman law in western European social life has not completely disappeared. From 12 to 16, European countries and autonomous cities began an academic movement to study the classics of Roman law and apply its basic principles and concepts to legal practice, which was called "the revival of Roman law" in history.

[1] This movement first started in the University of Bologna in northern Italy, and then quickly spread throughout Europe, so that Bologna University became the center of Roman law research. /kloc-In the 3rd century, the Bologna jurist Yazuo wrote The Complete Book of Law and The Lectures on Code Research, which are required reading in the legal field. On the basis of theoretical collection, the jurist Inarus annotated and explained its contents sentence by sentence, and led him to form the annotation school of law. /kloc-in the 0/4th century, an independent school of law-"Roman Law School" rose in France. /kloc-In the 6th century, the study of Rome in France was at the forefront of Europe. In the Netherlands, the "rational school of law" represented by Grotius studies Roman law from the perspective of human rationality. In Germany, the historical law school represented by savigny studied Roman law. The process of Roman law research can be roughly divided into three historical stages: the period of annotation law school, the period of critical law school and the period of humanistic law school. The study of Roman law promoted the revival and prosperity of Roman law. The significance of the revival of Roman law is obvious. "Roman law, as the most developed and complete law in the ancient world, not only actively influenced many countries in the Middle Ages and promoted the development of legal system construction in Western Europe, but also had a great impact on the construction and development of law and jurisprudence since modern times, especially private law since modern times."

[2] The above is the development process of Roman law, so why analyze the value of Roman law? Mainly based on the following factors: first, the inevitability of the research on the proposition of legal history requires a profound understanding of the value connotation of Roman law from the perspective of historical materialism; Secondly, the objectivity of China's legal construction requires in-depth study of the developed legal civilization in the history of world legal civilization, and Roman law is the most developed legal system in ancient Europe, which requires a scientific and complete study of Roman law; Thirdly, the civilization of Roman law system requires a systematic, theoretical and scientific value analysis of Roman law. Roman Law-Historical Value The historical value of Roman law in Swiss Debts Code mainly refers to the basic characteristics and historical position of Roman law in the world legal history. Specifically, it is mainly reflected in the following aspects.

(A) the system civilization

The institutional civilization of Roman law mainly means that Roman law has profound principles and systems, scientific concepts and terms, and has shown great vitality and influence in the history of world legal system, thus promoting the progress of human legal civilization. Roman law has rich systems and principles, such as equality before the law, freedom of contract and inviolability of private property; The principles of equal rights of freemen, freedom of contract, unrestricted property rights, freedom of will, imputation of tort and non-prosecution in litigation within the scope of private law; The legal person system in the right subject, the acquisition and transfer system of ownership in real right, the security right system in usufructuary right and other real rights; The system of creditor's rights contract and the principle of tort liability; Principal-agent and defense in litigation system: as well as prescription and private crime system. The institutional civilization of Roman law is not only reflected in the richness of principles and systems, but also in the scientific nature of concepts and terms. A series of legal concepts and terms, such as preemptive right, seizure, goodwill, negligence, liquidated damages, deposit and special lien, have laid a theoretical and practical foundation for the development of civil law in later generations.

(2) system science

The legal system of Roman law is scientific, which is embodied in three aspects: first, the boundaries between public law and private law are clear, and private law is extremely developed, but public law is relatively backward. [3] The Roman jurist Urbians divided Roman law into public law and private law, and thus put forward the division standard of public law and private law for the first time in the legal theory circle. Roman private law system is based on the subject of rights, the object of rights and the protection of private rights. It is divided into three parts: personal law, substantive law and procedural law, including detailed and thorough systems such as rights subject qualification, family marriage, guardianship and assistance, property rights, inheritance and creditor's rights, and various protection measures of rights. However, the development of public law is relatively backward. There are two main reasons for this: first, the invasion and expansion of the Roman Empire promoted the development of economy and trade; Secondly, the rapid development of commodity economy in Rome provided fundamental conditions for the development of private law. Secondly, Roman law mostly appears in the form of code, which is a brand-new system composed of fragments selected from jurists' works and laws. At first, these "codes" were private works named after their editors. Later, the official came forward to do this compilation work. At the end of the 4th century and the beginning of the 5th century, there were some imperial edicts and collections of jurists' works. In the 6th century A.D., Justinian of the Eastern Roman Empire personally presided over the compilation of Justinian Code of Law, Collection of Theories and Ladder of Law. The compilation of this code can be described as large-scale and voluminous, which has contributed to the maturity and perfection of the Roman law system. Finally, the legal system is also reflected in the classification of laws. There are three theories about the classification of Roman law: first, Gaius said that Roman law should be divided into civil law and natural law; Secondly, Tolferin said that Roman law should be divided into civil law, civil law and natural law; Thirdly, Urbil said that Roman law should be divided into public law and private law. Public law mainly refers to civil law, while private law system consists of three parts: personal law, substantive law and procedural law.

(3) Deep background

Roman law is extensive and profound, which can be called a gorgeous flower in the world legal history garden and a bright pearl in the long history of human civilization. The profound historical and cultural heritage of Roman law is mainly reflected in three aspects: First, Roman law has a long history and is the first worldwide legal system with strong adaptability to the times. Secondly, the legal theory of Roman law is mature, and the legal system construction and legal research are closely combined and complement each other. The brilliant achievements of Roman law can not be separated from the research results of Roman jurists, who inherited and developed the achievements of ancient Greek legal thought, further deepened the research on the theory of legal justice, the theory of rule of law and the thought of natural law, and made Roman law have a mature legal theory. Finally, Roman law contains profound legal thoughts and becomes the eternal value foundation of Roman law. The core of Roman law thought consists of rational law thought and natural law thought. The rational thought of Roman law originated from Greek philosophy, and on this basis, it produced the great rational law and created the view of justice. Roman jurists represented by Cicero advocated the equality and justice of law and the rule of law. They believe that proper reason is law, and law is the highest reason, which is rooted in the nature of dominating what should be done and prohibiting what should not be done. The school of natural rational law thinks that most of the contents of Roman law conform to the concept of "natural law" and reconstructs Roman law on this basis. The natural law thought contained in Roman law and its abstract view of justice determine the idea of Roman law promoting the rule of law in secular society.