On The Spirit Of Roman Law And Modernization Of The Chinese Legal System Enlightenment

Roman law usually refers to the passage of the entire ancient Roman society's legal. Ancient Rome and the Roman ruling group of legislative scholars with superb technology and advanced concepts of the rule of law, Was created that reflects a developed commodity economy and private ownership of the various legal relationships and legal principles, Compiled a complete system of《Justinian Corpus Juris》, Its glorious cultural achievements of the legal impact of the laws of the world since ancient times, Roman law both its formation,The development of general laws, Also has its renaissance,Following the suspension of a special historical period. Roman law is not only Rome, but also the world, is history, but also realistic. In the history of Roman civilization in the world played a monument set. It not only has a comprehensive legal system, a more noble legal concepts. The spirit of natural law,private spirit,the value of rational spirit as the basis of Roman law, In civil law countries the development of legislation and the rule of law has played a very large role in. Contemporary China's legal modernization process, both in the legal system and institutional level with the Roman law concept of the spirit of both the existence of fit.. Based on the spirit of Roman law for the modernization of China's legal system the practical value, we need China's specific national conditions, improve legislation and establish legal authority; transform government functions, strengthening the power constraints; establish a socialist rule of law, new ideas, out of a legal system with Chinese characteristics unique path of modernization.Besides the introduction and conclusion, is divided into five parts:The first part: Roman law and its historical development. This section describes the various stages of the development of Roman law, Legislation on the cause of Justinian and Justinian were introduced, And briefly introduced the main contents of Roman law.The second part: Revival of Roman law and successors. This section introduces the revival of Roman law and Roman law in the Middle Ages in the recovery process appears three law schools, Then introduced the Roman law in different countries and regions in the world are following the situation by, And select a few representative countries, Analysis of their Roman successors, and their absorption and utilization of the Roman achievements.The third part: The spirit of Roman law. The reason why this part of the Roman law was the pursuit of modern reason, of implication in the Roman law in the spirit of Roman law system. And the historical value of Roman law.The fourth part: Contemporary Chinese legal obstacles to modernization factors.The first part of the meaning of the concept of a modern legal system was defined, and then analyzes the modernization of Chinese legal system in achieving the various obstacles on the path factor.The fifth part: Roman law on modern Chinese legal system in China. This section introduces the spirit of Roman law implied modernization of China's present legal significance, then the basis of the modern Chinese legal system out of the plight of some of the ways.