The historical value of China ancient law and Roman law is the same: it has a far-reaching influence on the construction of East-West legal system and is a precious legacy in the history of human legal development. The ancient law of China: courtesy was added to the law, and morality was added to the punishment; Legalize the content of ethics; The content of punishment embodies humanitarian concern. Roman law: the concept of legal system has a strong religious color; Distinguish between intentional crime and negligent crime; Deciding punishment according to social status; Put private law above public law. The background difference between China ancient law and Roman law is 1. The political environment is different: China has long been a great empire of autocratic monarchy, and the law serves autocratic rule; Ancient Rome was in the stage of * * * and the state for a long time, and the folk power was strong.
2. Different economic bases: China is based on agriculture, and the natural economy has been dominant for a long time; Commodity economy in ancient Rome: prosperous and active foreign trade. ?
3. Different ideological and cultural forces: China's Confucianism is orthodox and has humanistic traditions; The religious thought of ancient Rome influenced political life.