中国古代法与罗马法中,父权、夫权都曾经作为家庭中至高无上之权力凌驾于配偶、子女之上,随着历史的推进二者逐步分离,罗马法主导下的西方法律逐渐尊重配偶权、子女权;而中国古代法父权至高无上的宗旨上却鲜有动摇,直到封建专制集权制度瓦解。笔者无意评论东西法律传统之优劣,仅于本文进行阅读总结,以供参考。 In ancient Chinese law and Roman law, both patriarchy and absolutism were above the spouses and children as the supreme power in the family. With the gradual separation of history from the past, the Western law led by the Roman law gradually respected the rights of spouses, Children’s rights. However, the supreme patriarchal principle of ancient Chinese law was rarely shaken until the feudal autocratic power system collapsed. I do not intend to comment on the merits of the legal tradition of things, only in this article to read the summary for reference.