复境权内涵之辨

早自上个世纪30年代,便有学人开始向国人介绍复境权的概念,然此后对该制度的认识竟至几无进展。国内法学界对复境权的认知,长久地停留在这样的层面:罗马士兵被俘以后一旦返回便得恢复先前的身份及权利。实际上,复境权制度的适用并非向来就只限于士兵及其返回的情况。它起源于和平态势下的人口迁徙,只是在共和末期以后,随着罗马政治军事力量的变化,其适用的范围才逐渐限缩。

A Discussion on the Implication of Postliminium

Since 1930s we began to know the concept of postliminium, but study about this institution have never been improved although many years has passed. Postliminium is most familiar to Chinese scholars that the mechanism by which Romans be captured while serving in the legions might recover their citizen status and rights lost at the moment of their captivity if they came back to Rome. In fact, the application of postliminium was not just limited to soldiers and their return. Postliminium originated in population migration in peace time, until in the late republican, as Roman political and military forces became more and more powerful, it was limited to a narrow scope.