梅因及其追随者提出的关于“实体法起源于程序法”的观点不符合十二表法时代及其后的罗马法和诉讼程序的事实。梅因所提若干依据,其真实性值得怀疑。罗马法的“诉”不是实体法的主要来源。 The fact that both Maine and his followers have failed to meet the notion that substantive law originated in the procedural law does not correspond with the Roman law and the procedural law in the twelve watchmaking era and beyond. Maine made a number of basis, its authenticity is questionable. Roman law’s “complaint” is not the main source of substantive law.