古希腊私法文化萌生与法治理念形成

作为西方思想文化摇篮的古希腊是西方法治思想的发源地,亦是私法文化的萌生地。古希腊比较健全的私有制和奠基于其上的比较发达的商业贸易经济,为私法的产生、存在和发展提供了一个较为坚实的社会经济条件。古希腊的城邦民主制度为私法的形成提供了良好的法治环境。私有制度、财产观念、商业精神和民主制度促进了希腊私法文化的萌芽。希腊人把法律作为建立一种理性、正义的秩序的重要依据;同时,也把法律看成安全、自由、权利的保障。希腊城邦的法治精神也因此而奠定。这种法治思想体现了人性的要求,是私法精神的理论基础。

Initiation to Culture of Private Law in Ancient Greece and Formation of Ruling of Law Conception

As the cradle of Western cultures, Ancient Greece was the origin of ruling of law conception as well as initiation of the culture of private law. In Ancient Greece, the comprehensive private ownership and relatively developed commerce and trade offered solid social and economic conditions for the initiation, exist- ence and development for private law. The city - state system in Ancient Greece provided for the formation of private law with sound environment of ruling of law. Private ownership, property conception, spirit of com- merce and democratic system were impetus for Greek culture of private law to sprout. The Greek considered law as essential grounds for order of rationality and justice and took law as safeguards for security, freedom and rights. The spirit of ruling of law in Greek city - state had thus been established. This ruling of law conception responded to the requirement of humanity and formed the foundation of private law spirit.