本文通过对罗马法的分析,认为“罗马法复兴是以市民社会的形成和扩张以及国家与社会的分离为背景,3R运动构成西方法律传统的源泉”这一观点是建立在两个前提性假设之上,即罗马法是市民社会的法与内源性理念。本文通过对该二假设的质疑与分析提出需要突破传统思维范式的羁绊,才能更为真切地理解当下中国法治的进程。 Based on the analysis of Roman law, this article argues that “the revival of Roman law is based on the formation and expansion of civil society and the separation of state from society, and the 3R movement constitutes the source of Western legal tradition.” This view is based on two premises Sexual assumptions above, that Roman law is civil law and endogenous ideas. By questioning and analyzing these two hypotheses, this paper proposes that it is necessary to break through the fetters of the traditional paradigm of thinking so as to understand the process of the present lawmaking in China more truly.