东亚共通法治的理论愿景

On the Ideal Prospect of Rule of Eastern Asia Common Law

以儒家文化特别是和谐法律理念为基础的中华法系,对古代中国、韩国、日本的法律治理产生了深远影响。近代以来西方文明传入后,虽然引发了东西方法律文化的激烈冲突,但彼此间也开始缓慢融合。当前东亚区域的法律制度、价值原则和法律术语,既从欧美移植改造而来,但又考虑到各自国情和文化传统而有所变化,原本来自域外的法律已然成为现代东亚法不可分离的重要组成部分。这种对西方法治的引进和吸收,构成了东亚共通法治的近现代基础。伴随着东亚区域经济一体化的日益深化,东亚区域法律的衔接共通已成为战略性任务。就此提出,通过东亚共通法治从理论到实践的缓慢形成,将为本地区提供长治久安的共通福祉。

China＇s Legal System, based on Confucian Culture and harmonious legal ideas, had a significant impact on legal governance of ancient China, Korea and Japan. Although the introduction of western civilization in modern times caused the intense conflict between eastern and western legal cultures, eastern and western legal cultures also started to get mixed together gradually. Currently, the legal system, values and principles, and legal terminology in East Asia were introduced from Eu- rope and America, but also adapted according to national conditions and cultural traditions. There- fore, the law introduced from western countries has become an important part of modern East Asian Law. This kind of introduction and absorption of western law constitutes the foundation of the rule of East Asian Common Law. Along with the deepening of regional economic integration of East Asia, the rule of East Asian Common Law has become strategic task. Thus, the author proposes that the formation of the rule of East Asian Common Law from theory to practice will provide common welfare and long--term peace and order to East Asia.