The unique historical value of ancient Chinese law and Roman law: it has a profound impact on the construction of Eastern and Western legal systems and is a precious legacy in the history of the development of human legal systems. Ancient Chinese law: supporting rituals into the law, morality as the mainstay and punishment as the supplement; legalizing the general content of human ethics; and the content of punishments showing humanitarian concern. Roman law: The concept of legal system has a strong religious color; distinguishes intentional crimes and negligent crimes; determines punishment according to social status; emphasizes private law over public law. Differences in the background of the emergence of the two legal systems of ancient Chinese law and Roman law
1. Different political environments: China has long been a unified empire with an autocratic monarchy, and the law serves autocratic rule; Ancient Rome has a longer The period was in the Republic of China stage, and the civilian power was strong.
2. Different economic foundations: China is based on agriculture, and the natural economy has long dominated; the ancient Roman commodity economy: prosperity and active foreign trade. ?
3. The power of ideology and culture is different: Chinese Confucianism is orthodox and has a humanistic tradition; ancient Roman religious thought affects political life.