Study On Roman Constitution

Roman republic is a pioneer of the modern constitutionalism. Political state was departed from civil society, pluralistic interest groups had come into being, which is expressed by the partition of public law and civil law in law classifying, and by implementing of mixed constitution theory for the first time. Roman people not only had a status of paterfamilias or sons in the sense of ethic and citizen of republic in the sense of politics, but have a status of the ownership.I believe that this is why Mcllwain said , "Roman was the beginning of modern theory" ,and tailor said , "Roman society is a fact of modern state" .I first describe the transformation from the early time of the Republic till Roman Empire, and analyse the fundamental facts of Roman constitution, as the departion of Political state and civil society, the coming of pluralistic interest groups, and the partition of public law and civil law.Secondly ,I recount the origin and the motivities of Roman constitution.Thirdly, I study the components of the constitution --government structureand civil rights: take a picture of complicated real Roman constitution by a notconcise language from the facts influencing the development of government , facts of the government structure , the idea of mixed constitution and the development of civil rights. It is said that ,the development of the mixed regime leading by patrians, had more profound background. Assembly of Tribes had democratic mean, but no more than theoretical. Consuls structure implied the thought of checks and balance. And the appearance of Tribune didn't render the orientation to the democratic, but just a footnote to the aristocratic regime. Senate was leading the-three-facts. According our study, we can conclude that Roman regime was mixed constitution leading by patrians.I compare Greece with Roman to analyse civil rights. The fashion that people intercourse, was not stranded by moralized political life of Greece .People became one bearing "abstract rights" , which have no relations to social and political identity, but are title of ownership. Roman people created ius gentium, and protect foreign persons rights. So a matured conception of civil rights had come into being.At last, comparing the three classic countries: China, Athens, Roman, it is said that the unique of Roman lies in the appearance of order of law in Roman: there come in being ius gentium, which was summarized from spontaneous order between equal sides. It was not ethic law (as Greece) ,or bureaucratic law (as China) ,but the order of law for the first time in the world. This is what we talk about Roman constitution. The uniqueness of Roman civilization lies in here.