Roman Magistrate System And Its Impact

In rich and great ancient Rome law, We can note: Some special system, it was different with the strict attention over-detailed formalities ancient times legal system, it looked like one to surge in the Roman law history perpetual flow running water which slow inundated, it was in the Roman law judge system. The Roman law the reason that develops into the worldwide basis law, of a judge as senior official law once played the role which has lasting achievements. The judge sets up at first in 367 B.C., took two pretors the assistants, afterwards stressed in exercise the jurisdiction. He cannot revise directly by the city lawmaking body formulation law, but he may through the judicial activity creation, be accommodating or the explanation law rule, and causes certain applicable scopes limited or the stiff legal rule adapts in the new situation glows the vigor. The judge has formed the judge law in this process. In the judicial trial, the judge pays attention to the utilization specially fair and the good faith standard, thus enables some ancient legal rule in is developing in the society to obtain the dynamic renewal and the application. Thus, the judge system and affects not allow to neglect in the Roman law status. Recent year, everybody more and more pays attention to the legal system and the judicial reform. The attention judicature question, naturally can note justice official's question, judge's duty behavior, both represents the country under the rule of law the image, and reflected rules a nation legally level. This requests us to have further to consummate judge the system reform, strengthens to judge the system related theory and the practice question research. Through to the ancient Rome judge system research, we may see this system the merit and the strong point. This carries on judge to us the system the reform to have the model value today.