The comparison between Roman lows and ancient Chinese lows
By Bruce 外英1202 李正财
Index: 1 goal and results 2 thoughts of laws 3 content of laws 4 enforcement of laws
法是一种自然的权力，是理智的人的精神和理性，是衡量正义与非正义的标准。-----西塞罗
Ancient China: Governed by people using etiquette（礼) , ethic and moralities . Power is above laws. Law enforcement is lax.(执法不严）
Ancient China : 1 Class straggle landlordVSpeasant Exploitexploited,20C 2 Criminal laws, Famous torture: Slow slicing(凌迟） 3 No clear definition of law. No public law
To achieve “The rule of law”, China has a long way to go.
Roman Law’s influence on Western Law system
Same goal, different results
Roman laws and ancient Chinese laws share the same goal: to sustain Its ruling and maintain the stability of society.
But the same goal bring different consequences:
collective interests
3 stick to traditions
no fundamental changes
ቤተ መጻሕፍቲ ባይዱ
The contents of the laws
Rome : 1 Common citizenship. 2 civic laws protect personal possessions. Everyone is equal before the law. 3 Private ,public lows Natural law(the use of reason to analyze human nature)
The enforcement of the laws
Rome : Everything is governed by law and law is above anything. The spirit of the rule of law, and the pursuit of equal status determination
while ancient
Chinese empire kept it stability, Rome fell into two parts.
Why?
The thoughts of laws
Rome:
1Oceanic and commercial civilization
2 Private ownership
personal interests
3Changeable and risk-taking
Ancient China：
1 Continental and agricultural civilization, agricultural economy
2,emperor, no public and private