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关于罗马法的研究,我国约开始于本世纪30年代,当时曾推出了几部比较系统的作品,如丘汉平的《罗马法》,陈朝璧的《罗马法原理》等。近十年来,我国又出版了近十来种罗马法的教科书、专著和小册子,取得了相当大的成就。但问题是,这些著作大部分都不是根据罗马法法典原文,而是按照西方的各种罗马法研究作品(专著、教科书乃至讲义)进行论述。这样,辗转反辙,到后来,人们甚至无法知道有些规定、原理出自罗马哪部法典,作者的论述、结论是否是罗马法的本来面目。冯卓慧教授所著《罗马私法进化论》克服了这一缺憾,首先注重史料的挖掘和整理,在翻译罗马法学家盖尤斯《法学阶梯》的基础上作出了自己的论述。
On the study of Roman law, our country began in the 30s of this century. At that time, several systematic works were introduced, such as the “Roman Law” by Qiu Hanping and the “Roman Law Principles” by Chen Chao-bi. In the past ten years, China has published nearly 10 kinds of Roman law textbooks, monographs and pamphlets and achieved considerable achievements. The problem, however, is that most of these books are not based on the original text of the Roman law, but are based on the various works of the Roman law (monographs, textbooks and even handouts) in the West. In this way, it was torn apart. Later, people did not even know that some of the rules were derived from the Rome Codex, the author’s discourse, and whether the conclusion was the true face of Roman law. Professor Feng Zhuohui’s “The Evolution of Roman Private Law” overcomes this shortcomings. Firstly, he pays attention to the excavation and reorganization of historical materials, and makes his own exposition on the basis of translating the jurist ladder of Legalism in Rome.