Roman Criminal Violations Of Judicial Relief

This article is about the illegal violation to the judicial relief in ancient Rome, altogether divides four parts. In the part of introductions, mainly explained this article research origin, thus indicated the necessity of research in this article.The objects of judicial relief are the rights which suffered from the illegal violation, but there are many kinds of ways to relief the rights,in the modern significance, has the judicial relief, self-reliant relief, administrative relief, arbitration, mediation and so on. Returns to original state of the ancient Rome, these relief way on the concentrated expression for the male strength relief and the private strength relief, the judicial relief is the main form of male strength relief, the self-reliant relief is a model performance which belongs to private strength relief. When refers to the evolution of ancient Rome relief way, the content is defined in this transformation which from the self-reliant relief to the judicial relief, other relief ways have not been included in the research scope.In the following,this part introduce initially the ancient Rome illegal violation and the judicial relief, did outlined simply a frame system for the reader understood the full text.In the second part, mainly has made the new limits to the ancient Rome illegal violation concept, replied the question of what's the illegal violation, and has been clear about the object of this article in this foundation. When limits illegal violation concept, this article is begins from the semantics, has utilized the analysis comparison method fully, studies this article the illegal violation to distinguish from the former people's understanding of the ancient Rome illegal violation, is not merely restricted in the illegal violation namely of the ancient Rome law- invade the shame, but expanse the scope in the foundation of which does not depart from academic conventional, has answered the question'why does this'in the concept defined.Meets down,in the foundation of the new concept, proposed the illegal violation type this article is going to concern, and had defined several kind of illegal violation behaviors which this article plans to discusses, namely the burglary, robs, the illegal harm and invades the shame. In the third part, this article elaborated the judicial relief the ancient Rome in view of the illegal violation with four chapters.Involves specifically to the evolution of ancient Rome relief way, the manifestation of ancient Rome judicature relief - - right of suit, the principle ancient Rome judicature almonry deference, the right of suit type and the characteristic, as well as the concrete judicial relief system in view of illegal violation. Inside this part, the author not only has combed the ancient Rome relief way evolution, has been clear about the judicial relief concrete content by the right of suit form, moreover proposed the ancient Rome judicature relief basic principle using the analysis induction, further sublimated the right of suit characteristic in view of the illegal violation. In the basic principle frame, the author elaborated the basic judicial relief system of ancient Rome in detail in view of the illegal violation.The fourth part of this article mainly elaborated the influence of judicature relief system which in view of illegal violation in ancient Rome to the later generation. This kind of influence not only in the basic idea aspect,but also has in the concrete principle and the system. This article carry on the summary to these influences from many angles, thus has established the relation between the ancient Rome illegal violation and the judicial relief and the near modern civil action and the criminal prosecution system, has demonstrated the influence to the later generation.