Roman Law The Spirit Of The Contemporary Chinese Legal Process

Roman law is the general name of the ancient slavery system countries. Basing on the advanced legal concepts and sophisticated legislating techniques, ruling clique of Roman slavery system creates many sorts of legal relationships and legal principles, which reflects the developed private system and commercial economy at that time. Meanwhile, as the core of the compilation of Corpus Iuris Civilis, its outstanding legal and cultural achievements add remarkable effects to human being's laws throughout history till today. Roman law has both general rules within its generation and development and the specific historical periods within its recovery and inheritance, which sets up the unprecedented monument within the world civilizing history.Roman law is both historic and realistic, which belongs to roman itself and the whole world. It has not only the complete legal system, but also the lofty legal concept. The basis of value, namely, spirit of natural law, spirit of rationality and spirit of private law, generates great contributions to the development of legislation and legal system within civil law countries. It becomes more urgent to appeal for Roman spirit particularly in the process of modernization of legal system in China, since both the legal concepts and institution of contemporary China integrates with Roman law. Therefore, it is suggested to concern the practical value of Roman law, meanwhile, based on the actual situation of China, the perfection of legislation, the establishment of legal supremacy, the strengthening of check and balance of power, and the transformation of government function should also be laid as focuses in order to cultivate the new concept of Socialism ruling of law and to guarantee a distinct path for constructing the modernization of legal system with China's own characteristic.