一一般认为 ,私法自治滥觞于“商品生产者社会的第一个世界性法律即罗马法”。① 由于简单商品经济高度发展 ,民事关系渗透到社会生活的各个方面 ,罗马私法十分发达 ,后世所谓“罗马法”便是罗马私法的同义语。不过 ,最初是没有公法和私法的区别的。后来 ,随着经济和社会的发展 It is generally believed that the private law of autonomy originated in the “Roman law,” the first universal law of the community of commodity producers. ① As a result of the rapid development of simple commodity economy, civil relations infiltrate into all aspects of social life. The Roman private law is well-developed. The so-called “Roman law” of later generations is synonymous with Roman private law. However, initially there was no distinction between public law and private law. Later, with the economic and social development