从中国“入世”再谈法律的趋同问题

Another Discussion on Convergence of Laws After China's to WTO Entry

从中国成为WTO正式成员前后开始 ,第三波法律立、改、废工作 ,法律趋同化的理论显然又得到新的实践的支撑。这一理论是具有重大而广泛的意义的 ,它的产生绝不是人为的杜撰 ,而是有着各种社会的、政治的、经济的、文化上的原因的 ,是各国在人类进入全球化时代的理性选择 ,是随着人类社会开放度不断扩大的“自然进程”。因此 ,必须正确处理法律趋同化与法律的“本土化”和“国际社会多极化”以及维持国家“法律主权”之间的各种关系 。

The present essay points out that during the time before and after formally becoming a member of the WTO,China has stimulated the third wave of legislating,amending and denouncing its laws. It's obvious that the new practice has also consolidated the theory known as the Convergence of laws,which embraces great and extensive meaning.This theory emerges not from individual making up but from various elements including social,political,economic and cultural ones. It is the rational choice for nations when human beings step into the age of globalization.It is the Natural Process which continuously is enlarged with the opening up of human society.In addition,the essay has given deep insight into the inlxicate relations among the following concepts,i.e, Convergence of Laws,Localization of Laws,Multipolization of International Community and Maintenance of the Judicial Sovereignty of Nations.Furthermore,it criticizes the relevant views which can not keep up with the age.