摘要
罗马法作为古代最发达完备的法律体系,从早期《十二表法》的原始粗陋到《国法大全》的博大精深,在其整个发展过程中,法学家无疑起了重要的作用。与罗马法学家对罗马法的杰出贡献相比,裁判官对罗马法的完备发达亦功不可没。裁判官通过多种衡平方法,使罗马法摆脱了形式主义的束缚而获得长足发展;同时也使原有封闭、严格的罗马法日趋开放、公平和理性。从某种程度而言,裁判官的活动尤其是对旧有市民法的衡平,为罗马法日后的复兴及其世界性影响奠定了基础。
As the most developed and completed legal system in the ancient world, Roman law underwent thanges from the early primitive XlI Tables to the profound Corpus Juris Civilis. During this procedure, there is no doubt that the jurists played an important role. Compared with the jurists＇ prominent contribution to Roman law, the praetors also made a great job to it. By using many kinds of equitable methods, they freed the Roman law from the limitation of the formalism and made it reach a further development; at the meantime, they made the closed and strict Roman law become open, equitable and rational increasingly. In some senses, the praetors＇ activities, especially the equitable activity they did to the original Roman civil law had paved the way for its revival and world influence.
出处
《云南大学学报（法学版）》
2008年第6期23-27,共5页
Jorunal of Yunan University Law Edition
