Research On The Penal System During The Period Of The Roman Empire

The law of Rome, which generally refers to the laws of the state of slavery in Rome. It exists in the whole period of slavery in Rome. Research on the Rome Penalty System, on one hand can be contributed to our understanding of real historical situation, jurist of legislative thoughts and the concept of legislation; another aspect is more beneficial to deepen our understanding of the penal system and its historical development.This paper comprehensively discusses the historical basis, legal resources, specific application and development characteristics of Rome penalty. At first, this paper explains the research objective, research methods and the significance of this paper and summarizes the current research status about the penalty system in Rome. It points out that the study of Roman law is still concentrated in the field of private law at the present stage, the research targeted to penal system of the Roman Empire is still extremely rare. At the same time, it introduces the concept of public crimes and crimes against private individuals and the right of personality in Roman law. The concept of public crimes and crimes against private individuals correspond to the public law and private law in Roman law. The consequences of public crimes and crimes against private individuals--public penalty and private punishment had also evolved with the developments of Roman society. The scope of private also had been shrinking, In the imperial period, Rome eventually formed a legal punishment system with certainty. And the right of personality and its constitution in Roman law are the important foundation of deeply analysing the concept of penalty for identity, penalty of qualification such as infamia and the inequality of the application of the penalty in Rome Empire. Secondly, this paper elaborates the legal and historical basis of penalty in the period of Rome Empire. It makes a detailed analysis of the criminal law resources and their historical development since the construction of Rome city. It points out that with the emperor’s role changed from the "princeps" to the autocratic monarchy. The expansion of their power is also reflected in the changes of the resources of criminal law:Lex and senatus consultum had gradually disappeared, constitutiones principium had became sole source of law, edictum magistratum and responsa prudentium can only be valid on the basis of the emperor’s authorization. At the same time, this paper makes a review of the development of the penalty since the construction of Rome city to the Republic of Rome, from the primitive and brutal sacrificial punishment and retaliation punishment to the more civilized exile punishment, property punishment and qualification penalty. In this stage, although the provisions of the penalty did not become a system, and the role of the private, public power and the religious groups intertwined in the punishment of criminal acts, the boundary here was very vague. But the development of penalty had still reflected a trend of penalty determination and the power of penalty exclusively belonging to the state. Immediately, this paper introduces and sorts out the applicable charges or situations of the various kinds of punishment in the Roman Empire on the basis of the historical facts. At the same time, it analyzes the death penalty, penal servitude punishment, freedom punishment, qualification penalty, physical punishment, fine punishment, confiscation of property punishment, the identity punishment and the crimes they are applicable. On this basis, through the comprehensive comparison and analysis of the penalty of the Rome Empire and the penalty before, The article summarizes and analyzes the characteristics of penalty system in the Rome Empire such as certainty, severity, discretionary property, inequality of penalty application and so on.Conclusion summarizes the whole thesis:The penalty of the Rome Empire was relatively simple, humble, and failed to form a system. They were far less developed than the private law of Rome, butthe setting of penalty and the principle of penalty such as individual responsibility for the offence and "in dubio pro reo" had a great influence on the later generation.