The emergence of Roman law and the formulation of the twelve bronze tables law Roman law originated from the Roman monarchy around the 7th century BC. Roman law at that time included people's congress law and people's congress law. At the end of the era, the resolutions of the Senate gradually replaced the laws of the people's congresses and the people's congresses in the monarchy era. (1) clan commune period: Before the 8th century BC, Rome was in the clan commune period. Legend has it that romulus established the city of Rome from 754 BC to 753 BC. (2) Ruling period: Rome from the 8th century BC to the 6th century BC is called ruling period. At this time, Roman mulberry was in the transitional period from clan society to class society. After the 7th century BC, with the development of productive forces and the emergence of private ownership, Roman society produced two basic opposing classes, slave owners and slaves, and the clan system tended to collapse. At the same time, the "civilian" class gradually formed. Civilians bear most of Rome's tax and military obligations, but because they are not members of the clan commune, they cannot enjoy political rights, marry nobles, or occupy public land. It was the long-term struggle for rights between civilians and nobles that objectively accelerated the disintegration of the Roman clan system and promoted the formation of Roman slave countries and laws. (3) * * Republic period: In the middle of the 6th century BC, the Roman nobles were forced to make concessions. The sixth generation king servius tullius reformed Roman society, abolished clan tribes based on blood relationship, divided residents by geographical relationship, and divided residents into five classes according to the amount of property. This reform marks the complete disintegration of the Roman clan system, the formal emergence of the Roman slave country, and Rome has since entered the period of * * * and state. With the final formation of the Roman slave country, Roman law came into being. Of course, the legal source in the early Republic of China was mainly customary law. Roman law is a social norm system that reflects the will of Roman slave owners, protects the exploitative relationship of slavery, and consolidates the dominant position of slave owners in state organs and their unlimited power over slaves. The formulation of the twelve copper table method is 1. The background and period of the formulation, and the main representative of Roman law is the famous twelve bronze tables method. The Law of Twelve Bronze Tables is an important milestone in the development history of Roman law. Prior to this, due to the use of customary law, judicial power was manipulated by nobles and allowed to explain, and the arbitrariness of justice caused dissatisfaction among civilians. Therefore, the Senate was forced to set up a 10 legislative Committee in 454 BC. In 454 BC, the Roman Senate set up a Codification Committee and sent people to Greece to inspect the legal system. Ten tables of laws made in 45 1 BC were published in Rome Square. In the second year, two legal tables were formulated as a supplement to the former, which is the so-called twelve copper table method. Because these watches were all made of bronze at that time, they were also called the twelve bronze watches method, which was the first written code in ancient Rome. Unfortunately, the bronze watch was destroyed when the Gauls invaded Rome in 390 BC. During the Roman Empire, the emperor's power expanded, the legislative power was gradually mastered by the emperor, and laws and decrees began to be promulgated by imperial edicts. Some important codes in this period include Gregory Annous Code (compiled in about 294 BC), harmony Annous Code (compiled in about 324 AD) and Diodosius Code (promulgated in 438). 2. Structure and Content The titles of the twelve tables method are summons, trial, creditor's rights, parental rights, inheritance and guardianship, ownership and possession, land and houses, private offenders, public law, religious law, compensation for the first five tables and compensation for the last five tables in turn. It is characterized by the combination of various laws and private law, and procedural law is superior to substantive law. Although some provisions of the "Twelve Bronze Tables Act" reflect the demands of civilians, its main purpose is to strictly safeguard the interests of slave owners and their ruling order, and to protect the private property rights and personal safety of slave owners and nobles from infringement. 3. Historical position The Law of Twelve Bronze Tables is the first written code in ancient Rome and a compilation of ancient Roman customary laws. It summed up the customary law of the previous stage and laid the foundation for the development of Roman law. It is "the source of all public and private laws". For many centuries, the twelve tables method has been regarded as the main source of Roman law. But it only protects the interests of civilians within a certain limit, and still retains some barbaric customary laws. Third, the development of Roman law: the formation of civil law and civil law ● 1. Rome * * * and the former country-civil law Rome * * * and the former country have formed a legal system-civil law which is only applicable to Roman citizens. Its content is mainly the norms of state administration, litigation procedures, property, marriage and family and inheritance. Its sources include laws enacted by the Roman Parliament (such as the Twelve Bronze Tables Law), resolutions of the Senate, notices of magistrates, and Roman jurists' interpretations of laws. ●2.*** Late Republic of China-Law of Peoples With the development of commodity economy and the increase of foreign population, a law of peoples was formed in the late Republic of China, which was applicable to the relationship between Roman citizens and foreigners, and between foreigners and foreigners. Civil law is a law gradually created by foreign-related judges in judicial activities. It absorbs the reasonable factors of civil law and foreign law, but it has developed and broken through. Its basic content is mainly about the standardization of ownership and creditor's rights, and rarely involves marriage, family and inheritance. With the emergence of the law of nations, two different Roman private law systems have emerged. However, civil law and civil law are not diametrically opposed, but complement each other. Later, Justinian unified the two. Strengthening the activities of jurists In the development of Roman law, jurists played a very important role and promoted the development of Roman law and Roman jurisprudence. In BC 1 century, Rome entered the imperial period. In the early empire, jurists were very active, and the development of Roman jurisprudence also entered a prosperous period. Many jurists were also granted the right to answer the law by the emperor, and their answers became an important source of law. Jurists write books, explain laws and form different schools, mainly Prokul School and Sabinus School. Five famous jurists appeared in this period: Gaius, Bert Bignian, Paul, Urbian and Moddis Tinus. The legal works and legal interpretations of the five great jurists have the same legal effect. Summarize the activities and functions of Roman jurists: answer the law; Participate in litigation; Write a book and stand up; Compiling codes and participating in legislative activities. From the compilation of the civil code to the rule of Justinian, the emperor of the Eastern Roman Empire, Roman law has developed to a mature stage. Emperor Justinian (A.D. 527-565) established the Codification Committee for the reconstruction and revival of the Roman Empire. From 528 to 534, three compilations of laws and regulations were completed successively. During Justinian's reign, the first code of Byzantine Empire was compiled. This code began to be called the Complete Book of Justinian Civil Law in the12nd century. This code mainly includes the Justinian Code, the collection of doctrines and the legal ladder. After people compiled the law from 534 AD to Justinian's death, it was also called the new law. The first is the Justinian Code, which is a compilation of laws compiled from 528 to 529 AD. It was formed by sorting out, examining and selecting the imperial edicts issued by Roman emperors in past dynasties. Second, the general theory of Justinian law (also translated "legal ladder"). This is a legal ladder based on Gaius. It is a concise legal textbook to explain the principles of Roman law, and it is also an officially designated "private law" textbook with legal effect. Third, The Collection of Justinian Theory was also translated into the Collection of Laws, which was compiled from 530 to 533 AD. This is a compilation of legal works, which collects, sorts out and extracts the theoretical works and legal solutions of famous Roman jurists in different categories, and all the income has legal effect. Fourthly, in 565 AD, jurists collected 168 decrees issued by Justinian in 535-565 AD, which were called "Justinian New Law". In the12nd century, the above four collections of laws were collectively called "The Complete Collection of National Laws" or "The Complete Collection of Civil Laws". The publication of The Complete Collection of National Laws marks the most developed and complete stage of Roman law. Roman law has a great influence on later laws, especially on the legal system in continental Europe. It is on the basis of fully inheriting Roman law that the civil law system, one of the two major legal systems in the world today, is formed, also known as Roman law system or civil law system. The influence of Roman law on later laws is shown in the following three aspects: ● 1 Roman private law system. The relevant private law system of Roman law has been successfully used for reference and developed by bourgeois civil legislation in western Europe. The French Civil Code and the German Civil Code are the inheritance and development of Roman law. For example, the French Civil Code enacted by 1804 inherits the style of personal law, substantive law and procedural law of the legal ladder. 1900 The German Civil Code, which came into effect in 1900, is based on the theory of comprehensive achievements, and has formed general principles, debt law, property law, kinship law and inheritance law. The civil law systems of France and Germany are directly or indirectly imitated by Switzerland, Italy, Denmark, Japan and many other countries. ●2. Many principles and systems in Roman law have also been adopted by the legal system since modern times, such as the principle of equality of civil rights, freedom of contract, freedom of will, the principle of "ignoring not to sue", the principle of first instance and final adjudication, and the legal person system, property right system, contract system, jury system and lawyer system among the rights subjects. ●3. The legislative technology of Roman law has reached a considerable level. The concepts and terms it defines are rigorous in wording, rigorous in structure, clear in argument, concise and profound in theory. Reasons for the great influence of Roman law on later legislation ● First, Roman law is the most complete legal system based on simple commodity production. It has very detailed and clear provisions on all the important relations of simple commodity production, such as sales contracts, loans and other property relations, so that all subsequent laws can not make any substantive changes to it and become the basis of future legislation. Second, the content and legislative techniques of Roman law are far more detailed than other slavery and feudal laws. The concepts and principles it defines are characterized by precise wording, strictness, conciseness and clear conclusion. In particular, it puts forward some important principles such as the formal equality of freemen within the scope of "private law", the main conditions for the contract to take effect with the consent of the parties, and the unrestricted private property, all of which are ready-made guidelines suitable for the bourgeoisie. Third, the rational principle and the concept of equity embodied in Roman law are also very suitable for the development of modern capitalist society, and have become an important weapon of bourgeois revolution, destroying the autocratic and dark feudal legal system, overcoming the situation of warlord separatism and political division, and establishing a unified bourgeois legal system. Fourth, the Roman ruling class used force to expand its territory and forced the application of Roman law. The conquered residents believed in the perfection and development of Roman law and voluntarily adopted it, which is another reason why Roman law has a great influence on later generations, especially on western bourgeois legislation. Fifth, Roman humanism has been applied all over the world, and its establishment has had a far-reaching impact on the legal setting all over the world. Roman jurists divide laws into the following categories according to different standards and from different angles: (1) According to different objects of law adjustment, they can be divided into public law and private law. Public law includes the norms of religious sacrificial activities and activities organized by state organs; Private law includes the norms of ownership, creditor's rights, marriage, family and inheritance. (2) According to the manifestation of law, it can be divided into written law and unwritten law. Statutory law refers to all norms that are published in written form and have legal effect, including laws passed by parliament, resolutions of the Senate, decrees of the emperor, notices of the sheriff, etc. The unwritten law refers to the customary law recognized by the ruling class. (3) According to the application scope of Roman law, it can be divided into natural law, civil law and civil law. Civil law refers to the law that only applies to Roman citizens; The Law of Peoples is a law regulating the relations between foreigners and between foreigners and Roman citizens. (4) According to different legislative methods, it can be divided into civil law and administrative procedure law. The law of chief officials refers to the law composed of notices and orders issued by senior Roman officials, and its content is mostly private law. It is mainly formed by the judicial practice of judges. (5) According to the subject, object and protection of private rights, it can be divided into personal law, substantive law and procedural law. Personal law is a law that stipulates personality and identity; Property law is a law involving property relations; Procedural law is a method to protect private rights.