It is hard to say that the last three articles have not been studied, but the citizens' assembly and the 500-member parliament have a good enlightenment to the three-tier parliamentary system before the French Revolution. The policy of encouraging all citizens to participate in politics in ancient Greece had a far-reaching impact on the voting system in modern Europe, and made Europeans have the idea of mutual restraint in legislation. Note, however, that this effect is an administrative measure, not a mandatory provision.
In Roman times, it developed into mandatory regulations. Western legal scholars have always regarded Roman law system as the origin of modern national civil law, and ancient Rome has the famous twelve bronze tables method. And ancient Rome is the continuation of ancient Greek civilization, so it can be said that the democratic system of slavery in ancient Greece played a very important role in the formation of Roman law.
Roman law established many very important legal thoughts and legal systems cited by modern civil law in the city-state period, and Roman law had the concept of private international law very early. The so-called private international law, in layman's terms, is how to ensure that you legally own the money you earned. Here mainly includes: freedom, civil rights and family rights.
Freedom is the basic condition of self-possession. Only slaves do not enjoy this freedom.
1. Freemen in Roman law include born freemen and released freemen.
A man born free means that a person is born with the right to freedom and has never lost his status as a free man. The descendants of free people are also free people, regardless of whether their parents were born free or liberated. If one of his parents is not a free man, he is a free man as long as his mother is a free man at birth, starting from his mother. Later, due to the demand of war for soldiers and the influence of Greek philosophy on freedom of life, it was changed to stipulate that as long as the mother was a free person during pregnancy, she was a free person.
According to Roman law, the emperor is the supreme ruler, and he can set slaves free. In ancient Rome, because only free people could wear gold rings, the right of freedom based on the emperor's grace was also called "the right of gold rings". However, in this case, slaves who have gained the right to freedom cannot get rid of the favor and sovereignty of their original owners.
A freeman is a freeman liberated by the original owner, that is, a freeman fictional by law. Even imperial power cannot deprive the owner of the benevolent sovereignty granted in Roman law. According to Roman law, benevolent sovereignty is a private right, and imperial power cannot interfere.
2. The civil rights in ancient Rome are similar to the nationality today, including public rights and private rights. The right to vote and the right to stand for election belong to public rights, while the private rights include marriage rights, property rights, testamentary capacity and litigation rights. Litigation rights can be illustrated by an example of a benefactor liberating slaves:
Case: When the benefactor liberated the slaves, there was a way of litigation, which involved the right to appeal. According to the law, slaves have no right to sue, that is, slaves cannot sue. So, how to liberate slaves through the legal provisions of prosecution? At this time, the benefactor invited a man to meet the first mate as a slave's defender. The man pretended to sue the benefactor and asked him if he wanted to liberate the slave. The benefactor approved. Later, the procedure was simplified, and the benefactor went directly with the slaves, so the chief's guards played the role of guards to liberate the slaves.
In other words, the provisions on prosecution in later laws can be found in Roman times. Today, criminals have to be brought to court by prosecutors, tried by judges and convicted, much like in ancient Rome.
Roman law divides Roman residents into three categories: citizens, Latinos and foreigners. The so-called civil rights are exclusive to Roman citizens. Civil law is the law applicable to Roman citizens. Civil law is applicable to Roman citizens, non-Roman citizens and non-Roman citizens, which is the origin of private international law.
In addition, ancient Roman society attached great importance to reputation, and a person's reputation affected his qualification to participate in various social activities. This is somewhat similar to the current credit system.
Supplement: There are three kinds of reputation damage:
First, you can't testify: the so-called inability to testify doesn't mean that you can't testify in court, but that you lose your qualification as a witness, or ask others to testify for yourself, because in ancient Rome, many transactions need witness's proof. For example, in ancient Rome, only one scale and several witnesses can be established, and both parties to the transaction can call the contents of the transaction loudly with scales, symbolic objects and objects of consideration. The same is true of the outline of the benefactor's emancipation of slaves, which requires five witnesses. You can imagine how severe punishment it is not to testify! There are two reasons for not testifying: the witness refuses to testify afterwards; Insult others with words.
Second, humiliation: this kind of reputation loss is slightly lighter than not being able to testify. The reason is: because of the court decision; Facts prescribed by law. Shame is divided into direct shame and indirect shame.
Direct humiliation refers to the fact that the consul or supervisor made a decision in the election or household registration, so that it was not included in the election list or recorded in the household registration book, and the parties could not appeal. Direct shame is effective. The term of office of Roman consuls is one year, and that of supervisors is five years. After their term of office expires, the new Chief Executive will decide whether the decisions made during their term of office are valid or not.
The legal consequences of shame are: losing the right to vote and be elected, and the corresponding right to perform military service is also deprived; Litigation rights are restricted, and people outside the family cannot act as litigation agents, nor can they ask others to represent them; If a wife commits adultery, even if she is caught red-handed, she has no right to kill the adulterer or sue her; The Eugenia Marriage Law prohibits the Senate Hospital and its descendants from marrying disgraced women.
The third kind: sense of shame: A person with sense of shame refers to being despised by others and public opinion because of his despicable behavior.
Because this loss of reputation is neither stipulated by law nor declared as a legal shame by the Chief Executive, it is also called a de facto shame. The restriction on the rights and abilities of people with stigma is that they are not allowed to hold positions that require honesty and credibility, such as guardians, assistants, witnesses, etc. In terms of marriage, in an era when marriage is decided by parents, children usually have no right to refuse the marriage arranged by their parents, but if the fiance is a stigmatized person, he can object.