古罗马保民官制度研究
发布时间：2018-07-28 08:13
【摘要】：自罗马建城之初到帝国时期，其政制一直处于动态的演变之中。这其中历经了王制、共和制和元首制。这为公法学家与政治学家提供了一个完美的研究对象。 从另一个角度看，罗马政制的演变进程也是一个不断包容的过程，从台伯河畔一个单一民族的城邦，演变到包含多民族的帝国（国家）。在前一个阶段，又经历了“贵族一元制国家”与“贵族平民二元制国家”两个时期。在此平民与贵族的斗争一直是城邦历史的主导，保民官制度便源于此。作为平民利益的代表，保民官推进着城邦向二元制国家演进。而同时保民官自身的权力也在不断的扩张。 保民官制度不仅涉及到古罗马法律，而且与每个历史阶段的政治、经济、社会、文化状况密切相关。笔者拟从保民官制度在古罗马的起源、发展、危机的历史，梳理该制度在罗马共和各个时期的运作情况。这主要包括文章的前三章；第二部分（第四章）则是在横向的角度来讨论保民官与共和国政制的关系，进而分析保民官在共和国政制演变的过程中的身份与作用。 第一章《保民官制度的起源》。该章讨论了罗马建城之初的社会状况以及保民官的诞生过程。早期罗马分为原本定居的氏族阶层和外来的移民阶层，这构成了日后城邦的两大团体——贵族与平民。在由原始的部落联盟（库里亚）制度向城邦制的过渡过程中，罗马吸收了大量外来的力量，导致平民阶层的壮大。而这与其法律上和经济上的劣势地位相抵触，最终引发了平民分裂运动。保民官就是这次运动的产物，作为平民的长官，他的身体是神圣不可侵犯的并享有否决城邦官员行为的权力。自此，，平民有了法律上和政治上的武器，以对抗贵族。需要注意的是，虽然保民官的地位得到了法律的确立，但是此时保民官的权力仅仅是一种“事实上”的存在，其效力取决于具体斗争中平民与贵族力量的对比。 第二章《从消极防卫到积极抗争——保民官制度的发展》。该章主要讨论了罗马在由贵族一元制国家向“平民—贵族二元制国家”过渡的过程中保民官权力的扩张与作用。以保民官作为平民的领导者与贵族把持的元老院进行的斗争为背景，笔者主要以《李奇尼-塞斯蒂亚法》和《霍尔腾西亚法》这两项保民官主持的立法为线索。对保民官在平民不断取得斗争胜利的过程中，逐渐将“事实上”的权力转化为法律上的惯例，进而履行“平民—贵族二元制国家”的推进者的使命，从而完成“体制外”到“体制内”的转变。 第三章《共和国危机中的保民官》。该章主要讨论在公元前2世纪共和国危机中保民官的改革与贵族元老院的反改革的斗争。以保民官格拉古兄弟和贵族代表苏拉的立法活动为线索，分析了共和国危机的原因。经过持续的斗争，罗马国家模式已经转变为“平民——贵族二元制”，城邦也已经在对外战争中扩大了疆域。笔者认为共和末期危机的本质是城邦国家体制无法适应扩张后的“帝国”的矛盾。而此时随着二元制国家的体系的建立，保民官实质上与城邦官员已经相差无几。而格拉古兄弟与错误的认识使得其改革不仅无法克服危机，反而将共和国推入了内乱的漩涡。之后苏拉一系列“拨乱反正”的立法活动彻底削弱了保民官的权利。 第四章《平民—贵族二元制国家中的保民官》。该章首先分析了二元制结构中共和国政制的各个构成部分，并通过讨论保民官与各个机构的关系来分析保民官在共和国政制中的位置，进而推导出保民官权力的双面性特征。革命性与消极性好似硬币的两面，一直伴随着保民官制度的发展。保民官与共和国其他机构的关系中也时刻显现着这两种特质。在该章末尾笔者通过对于历代罗马公法的研究者的观点的梳理，对保民官的双面性进行评价。 通过上述四章对保民官制度产生与发展、消亡历程的分析之后，在文章的结语中，笔者试图站在罗马国家模式的演变的基础上来对保民官制度进行解释。笔者认为，保民官在共和早期表现出的是“二元制国家”推动者的角色，为了打破贵族在立法和政治领域的垄断，保民官成为了平民斗争的领导者。当这一目的达成之后，保民官作为“自由的守护者”逐渐成为了“体制内”的官员。但这种自由绝不是个人自由，而是“全体罗马人民集体的自由”。随着罗马不断取得对外征战的胜利，扩张形势已经远远打破了城邦国家对于边疆的限制。保民官已经和城邦制一样不适用于新的帝国，最终与共和国一起消亡。
[Abstract]:From the beginning of Rome to the Empire, its political system has been in a dynamic evolution. This has gone through the system of king, republicanism and the system of Fuehrer. This provides a perfect object for public and political scientists.
From another point of view, the process of the evolution of Rome's political system is also a continuous and inclusive process, from a single nation city state on the banks of the Tai Bo River to a multi-ethnic empire (state). In the previous stage, it went through the two periods of the "aristocratic monocracy" and "the nobleman two yuan state". The struggle has always been the dominant factor in the history of the city-state. The civil officer system is the source of this. As a representative of the interests of the civilian population, the civil servants have promoted the evolution of the city states to the two yuan state. At the same time, the power of the civil servants is constantly expanding.
The civil service officer system not only relates to the ancient Rome law, but also is closely related to the political, economic, social and cultural conditions of each historical stage. The author intends to form the origin, development, and crisis history of the civil service officer system in ancient Rome, and to comb the operation of the system in every period of the Republic of Rome. This mainly includes the first three chapters of the article; the second part of the article. The fourth chapter is to discuss the relationship between the civil servants and the political system of the Republic in a horizontal angle, and then analyze the identity and role of the civil servants in the process of the evolution of the Republic's political system.
The first chapter, "the origin of the civil servant system". This chapter discusses the social conditions at the beginning of Rome's construction and the birth process of the civil servants. Early Rome was divided into the originally settled clan class and the immigration class, which constituted the two major groups of the city states - the nobles and the civilians. In the process of the transition, Rome absorbed a large number of external forces, which led to the expansion of the civilian population, which incompatible with its legal and economic disadvantage and eventually led to the split movement of civilians. The civil officer was the product of the movement. As a civilian chief, his body was sacrosanct and enjoyed the veto of the city state officer. At this point, civilians have legal and political weapons to fight against aristocracy. It is important to note that, although the status of the civil servants has been established by law, the power of the civil servants is only a "de facto" existence, and its effectiveness depends on the contrast between the common people and the aristocracy in the struggle.
The second chapter, from negative defense to active resistance, the development of the civil officer system is more than. This chapter mainly discusses the expansion and role of the power of the civil servants in the process of the transition from the aristocratic one yuan state to the "populace and the aristocratic two yuan state" in Rome. In the context, the author mainly uses the legislation of the two civil servants of the lycuni Seth and the Holzer Tengsi law. In the course of the continuous victory of the civil servants in the struggle, the "de facto" power is gradually transformed into the legal practice, and then the propeller of the "civilian and aristocratic two yuan state" is carried out. Mission, so as to complete the transformation from "outside the system" to "within the system".
The third chapter, "the civil officer in the Republic's crisis". This chapter mainly discusses the struggle between the reform of the civil servants and the anti reform of the aristocratic Senate in the second Century B.C. crisis. The reasons for the crisis are analyzed by the legislative activities of Sura, the civil servant and the aristocratic representative of the aristocracy. After a continuous struggle, the national model of the state of Rome has been carried out. The style has changed into "the two yuan system of the common people and the aristocracy", and the city states have also expanded their territory in the war of foreign countries. The essence of the crisis is that the state system of the state can not adapt to the contradiction of the "empire" after the expansion of the state. At this time, with the establishment of the system of the two yuan state, the civil servants are in substance with the city state officials. The gladago brothers and the wrong understanding made the reform not only unable to overcome the crisis, but also pushed the Republic into the whirlpool of internal chaos. After that, Sura's series of "disorderly" legislative activities completely weakened the rights of the civil servants.
The fourth chapter, "the civil servants of the civilian and the aristocracy in the two yuan state". This chapter first analyzes the various components of the political system of the Republic in the two yuan system, and analyzes the position of the civil officer in the Republic's political system by discussing the relationship between the civil servants and the various institutions, and then deduces the two sided features of the power of the civil servants. It is like the two sides of the coin, which has always been accompanied by the development of the civil officer system. The relationship between the civil officer and other institutions of the Republic also shows the two characteristics. At the end of this chapter, the author evaluates the double sided nature of the civil servants through the combing of the views of the researchers of the public law of Rome in the past dynasties.
After the analysis of the four chapters of the above-mentioned four chapters, the author makes an attempt to explain the system of the civil servants on the basis of the evolution of the state model of the state. The author believes that the role of the civil officer in the early Republic is the role of the "two yuan state" agent, in order to break the system. When the aristocracy monopolized the legislative and political fields, the civil servants became the leaders of the civilian struggle. After this goal was reached, the civil servants were gradually becoming "within the system" as the "guardian of freedom". But this freedom was not personal freedom, but "the freedom of the collective of all the people of Rome". With the continuous acquisition of Rome. The victory of foreign war, the expansion of the situation has far broken the limits of the city state to the frontier. The civil servants have not applied to the new empire as the city state system, and eventually disappearing with the Republic.
【学位授予单位】：华东政法大学
【学位级别】：博士
【学位授予年份】：2013
【分类号】：D90-052
本文编号：2149468
[Abstract]:From the beginning of Rome to the Empire, its political system has been in a dynamic evolution. This has gone through the system of king, republicanism and the system of Fuehrer. This provides a perfect object for public and political scientists.
From another point of view, the process of the evolution of Rome's political system is also a continuous and inclusive process, from a single nation city state on the banks of the Tai Bo River to a multi-ethnic empire (state). In the previous stage, it went through the two periods of the "aristocratic monocracy" and "the nobleman two yuan state". The struggle has always been the dominant factor in the history of the city-state. The civil officer system is the source of this. As a representative of the interests of the civilian population, the civil servants have promoted the evolution of the city states to the two yuan state. At the same time, the power of the civil servants is constantly expanding.
The civil service officer system not only relates to the ancient Rome law, but also is closely related to the political, economic, social and cultural conditions of each historical stage. The author intends to form the origin, development, and crisis history of the civil service officer system in ancient Rome, and to comb the operation of the system in every period of the Republic of Rome. This mainly includes the first three chapters of the article; the second part of the article. The fourth chapter is to discuss the relationship between the civil servants and the political system of the Republic in a horizontal angle, and then analyze the identity and role of the civil servants in the process of the evolution of the Republic's political system.
The first chapter, "the origin of the civil servant system". This chapter discusses the social conditions at the beginning of Rome's construction and the birth process of the civil servants. Early Rome was divided into the originally settled clan class and the immigration class, which constituted the two major groups of the city states - the nobles and the civilians. In the process of the transition, Rome absorbed a large number of external forces, which led to the expansion of the civilian population, which incompatible with its legal and economic disadvantage and eventually led to the split movement of civilians. The civil officer was the product of the movement. As a civilian chief, his body was sacrosanct and enjoyed the veto of the city state officer. At this point, civilians have legal and political weapons to fight against aristocracy. It is important to note that, although the status of the civil servants has been established by law, the power of the civil servants is only a "de facto" existence, and its effectiveness depends on the contrast between the common people and the aristocracy in the struggle.
The second chapter, from negative defense to active resistance, the development of the civil officer system is more than. This chapter mainly discusses the expansion and role of the power of the civil servants in the process of the transition from the aristocratic one yuan state to the "populace and the aristocratic two yuan state" in Rome. In the context, the author mainly uses the legislation of the two civil servants of the lycuni Seth and the Holzer Tengsi law. In the course of the continuous victory of the civil servants in the struggle, the "de facto" power is gradually transformed into the legal practice, and then the propeller of the "civilian and aristocratic two yuan state" is carried out. Mission, so as to complete the transformation from "outside the system" to "within the system".
The third chapter, "the civil officer in the Republic's crisis". This chapter mainly discusses the struggle between the reform of the civil servants and the anti reform of the aristocratic Senate in the second Century B.C. crisis. The reasons for the crisis are analyzed by the legislative activities of Sura, the civil servant and the aristocratic representative of the aristocracy. After a continuous struggle, the national model of the state of Rome has been carried out. The style has changed into "the two yuan system of the common people and the aristocracy", and the city states have also expanded their territory in the war of foreign countries. The essence of the crisis is that the state system of the state can not adapt to the contradiction of the "empire" after the expansion of the state. At this time, with the establishment of the system of the two yuan state, the civil servants are in substance with the city state officials. The gladago brothers and the wrong understanding made the reform not only unable to overcome the crisis, but also pushed the Republic into the whirlpool of internal chaos. After that, Sura's series of "disorderly" legislative activities completely weakened the rights of the civil servants.
The fourth chapter, "the civil servants of the civilian and the aristocracy in the two yuan state". This chapter first analyzes the various components of the political system of the Republic in the two yuan system, and analyzes the position of the civil officer in the Republic's political system by discussing the relationship between the civil servants and the various institutions, and then deduces the two sided features of the power of the civil servants. It is like the two sides of the coin, which has always been accompanied by the development of the civil officer system. The relationship between the civil officer and other institutions of the Republic also shows the two characteristics. At the end of this chapter, the author evaluates the double sided nature of the civil servants through the combing of the views of the researchers of the public law of Rome in the past dynasties.
After the analysis of the four chapters of the above-mentioned four chapters, the author makes an attempt to explain the system of the civil servants on the basis of the evolution of the state model of the state. The author believes that the role of the civil officer in the early Republic is the role of the "two yuan state" agent, in order to break the system. When the aristocracy monopolized the legislative and political fields, the civil servants became the leaders of the civilian struggle. After this goal was reached, the civil servants were gradually becoming "within the system" as the "guardian of freedom". But this freedom was not personal freedom, but "the freedom of the collective of all the people of Rome". With the continuous acquisition of Rome. The victory of foreign war, the expansion of the situation has far broken the limits of the city state to the frontier. The civil servants have not applied to the new empire as the city state system, and eventually disappearing with the Republic.
【学位授予单位】：华东政法大学
【学位级别】：博士
【学位授予年份】：2013
【分类号】：D90-052
【参考文献】
相关期刊论文 前2条
1 张学仁;古代罗马共和国宪制探源——世界第一次立宪主义的实验[J];法学评论;2002年05期
2 阿尔多·贝特鲁奇,徐国栋;从身份到契约与罗马的身份制度[J];现代法学;1997年06期
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