论罗马法律制度的观念基础

罗马法律制度的连续性不仅由其理性本质所决定，而且深受罗马人传统观念的影响。罗马人的传统观念主要包括服从观念、平等观念、自由精神、民主观念、妥协理念等几方面，这些观念经过原始起源和理性培育的过程，形成一个具有科学性、实践性和复合性的整体。我们在罗马法律制度构建及其发展过程中可以清晰地看到罗马人传统观念的脉络，罗马人的传统观念与其理性法律制度就象“上帝精神”与“基督教”一样相互促进、共同发展。因此，法律制度的构建理应关注观念之间的理性沟通。

On the Concept Foundation of the Roman Law System

The continuity of the Roman Law System was not only determinded by its own rationality,but was also deeply influenced by Roman traditional ideas.Roman traditional ideas mainly included the idea of obedience,equality,liberty spirit,democracy and compromise etc.After the process of original beginning and rational cultivation,these ideas had become an entity which had the qualities of science,practice and compound.We can clearly see the framework of the Roman traditional ideas when we read the history of the establishment and development of the Roman law system..Similar to the relationship between God spirit and Christianity,Roman traditional ideas and its rational law system promoted mutually and developed together.For this reason,we should pay close attention to the rational communion between ideas in establishing the law system.