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罗马法公共利原则主要体现在罗马私法中。罗马私法所体现的公共利益原则包括人法对公共利益的保护(如对婚姻的限制、对奴隶解放的限制、债务奴隶制的废除、对浪费财产者的处治)和物法对公共利益的保护(如对所有权的限制和对契约责任的强化)两个方面。罗马法公共利益原则对我国当代民商事立法的启示主要有二点:(1)应明确界定民商法公共利益原则的概念,使此原则在适用上具有一定的可预见性和可操作性。公共利益原则应指民商事主体在进行民商事活动时,须尊重和维护在法和道德等社会规范所调整的秩序中形成的带有社会普遍性的利益,而不得违反和损害它;(2)构筑与社会主义市场经济相适应的民商法私法体系,依法保护各类民商事主体的合法权益,维护国家经济安全和利益。
The principle of public interest in Roman law is mainly reflected in Roman private law. The principle of public interest embodied in Roman private law includes the protection of public interests by the law of man (such as restrictions on marriage, restrictions on the liberation of slaves, the abolition of debt slavery and the treatment of those who waste property), and the protection of public interests by the material law (Such as the restriction of ownership and the strengthening of the contractual obligation). The enlightenment of the principle of public interest in Roman Law to the legislation of contemporary civil and commercial affairs in our country mainly includes two points: (1) The concept of the principle of public interest in civil and commercial law should be clearly defined so that the principle has certain predictability and operability in application. The principle of public interest should mean that civil and commercial entities must respect and safeguard socially formed interests formed in the order adjusted by social norms such as law and morality when conducting civil and commercial activities and must not violate or damage it. ) Construct a system of private law that is compatible with the socialist market economy and protect the lawful rights and interests of all subjects of civil and commercial affairs in accordance with the law and safeguard the economic security and interests of the country.