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罗马法不仅在私法科学上奠定了西方法律的知识与技术基础,而且在刑事司法程序领域,罗马法对后世的贡献也是有迹可循的。共和时期区分出私罪与公罪概念,在刑事程序上也相应地发展出二元化模式。公罪检控权完全向人民开放,而私罪控告权却是有主体限制的,只有受害人才是适格的起诉者,这个制度被日耳曼西欧诸族继承,成为蛮族时代西欧私诉化刑事检控模式的源泉。帝国时代刑事检控体制是在共和时期制度基础上发展起来的。帝国政治集权加强导致一种特别刑事司法程序出现。这种程序由帝国官员主导展开调查,为共和时代私诉体制注入了新的官方体制元素。这使我们得以观察到,在罗马刑事检控权制度中,现代西方刑事诉讼两大传统类型即对抗制与纠问制的主体性区分标准已经初现端倪。
The Roman law not only laid the knowledge and technical basis of Western law in the science of private law, but also contributed to the later generations of Roman law in the field of criminal justice. During the Republican period, the concepts of private crime and public crime were distinguished, and a corresponding dual mode of criminal law was also developed. Prosecution of public prosecutions is completely open to the people. However, the right of private prosecution is subject-restricted. Only the victims are qualified prosecutors. This system was inherited by the Germanic peoples of Western Europe and became the criminal prosecution mode of private prosecution in Western Europe during the barbaric era The source. The criminal prosecution system in the Age of Empire was developed on the basis of the republican system. Empire political empowerment led to the emergence of a special criminal justice process. This process, led by imperial officials, led to the investigation of a new system of official institutions for the private prosecution system in the Republican era. This makes it possible to observe that in the system of prosecutorial power in Rome, the distinction between the two traditional types of modern western criminal law, that of the subjectivism of adversarial system and the system of interrogation, has begun to take shape.