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为了保障借贷双方当事人的权益,古中国与古罗马都曾努力寻找解决借贷纠纷的途径。首先通过公力救济的方式来规制借贷行为,其次,国民也以私力救济的方式来解决借贷纠纷。在东西方不同的法文化背景之下,古中国与古罗马借贷纠纷的救济途径存在很大差异。为了优化我国目前借贷纠纷救济途径,更好地解决借贷纠纷,应从根源上探究两国借贷纠纷救济途径产生差异的历史根源及法文化内涵,以探寻适合我国的借贷纠纷救济途径。
In order to protect the rights and interests of both parties involved in lending and borrowing, both ancient China and ancient Rome tried their best to find ways to solve the loan dispute. First of all, through the method of public assistance to regulate the behavior of lending, and secondly, the nationality is also a way to solve the private loan relief disputes. Under the different legal culture background of east and west, there are big differences in relief ways between ancient China and ancient Rome. In order to optimize the way of relief of loan disputes in our country and solve the loan disputes better, we should explore the historical origin and the legal culture of the differences between the two countries’ loan relief and remedies from the root causes, in order to explore the remedies for the loan disputes in our country.