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随着东亚地区经济一体化与政治合作的不断加深,建立东亚法学研究、法律教育和法制实践的互动机制,促进东亚共通法治建构的呼声日益强烈,并成为近年来东亚各国法哲学和法社会学发展的重要动向。过去百年来的东亚法律发展可分为殖民时代的“变法改制”、意识形态划界的“法律发展”和全球化与本土化兼顾的“新法律发展”三个阶段。而东亚法律发展的文化背景及其合理性则表明,东亚法治可以在法治基础、主体、文化内核、治道创新、程序机制五个领域实现东亚法律文化和社会治道的会通与创新。
With the continuous deepening of economic integration and political cooperation in East Asia, the establishment of an interactive mechanism of legal studies, legal education and legal practice in East Asia has made the call for the promotion of common law-making in East Asia increasingly strong and has become one of the most important legal and legal societies in East Asia in recent years. Development of important trends. The development of East Asian law over the past century can be divided into three stages: colonial-era reform, ideological demarcation, legal development and globalization and localization. The cultural background of East Asia legal development and its rationality show that the rule of law in East Asia can bring East Asian legal culture and social governance together in the five basic areas of rule of law, main body, cultural kernel, governance innovation and procedural mechanisms.