CAJ | 학술논문

早自上个世纪30年代，便有学人开始向国人介绍复境权的概念，然此后对该制度的认识竞至几无进展。国内法学界对复境权的认知，长久地停留在这样的层面：罗马士兵被俘以后一旦返回便得恢复先前的身份及权利。实际上，复境权制度的适用并非向来就只限于士兵及其返回的情况。它起源于和平态势下的人口迁徙，只是在共和末期以后，随着罗马政治军事力量的变化，其适用的范围才逐渐限缩。
조자상개세기30년대，편유학인개시향국인개소복경권적개념，연차후대해제도적인식경지궤무진전。국내법학계대복경권적인지，장구지정류재저양적층면：라마사병피부이후일단반회편득회복선전적신빈급권리。실제상，복경권제도적괄용병비향래취지한우사병급기반회적정황。타기원우화평태세하적인구천사，지시재공화말기이후，수착라마정치군사역량적변화，기괄용적범위재축점한축。
Since 1930s we began to know the concept of postliminium, but study about this institution have never been improved although many years has passed. Postliminium is most familiar to Chinese scholars that the mechanism by which Romans be captured while serving in the legions might recover their citizen status and rights lost at the moment of their captivity if they came back to Rome. In fact, the application of postliminium was not just limited to soldiers and their return. Postliminium originated in population migration in peace time, until in the late republican, as Roman political and military forces became more and more powerful, it was limited to a narrow scope.