东北亚的政治、意识形态与法制改革

J. Ohnesorge
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引用次数: 5

摘要

整个东亚的法律体系在一系列法律领域都处于快速的、可能是根本性的变革之中。本文为“9·11事件对东亚法律和社会变革的潜在影响”会议所准备,考察了东亚在行政法和公司法领域的法律改革。这两个领域虽然不经常被同时研究,但都对两种相互竞争的情绪做出反应,一种可以被认为是“新自由主义”,另一种可以被称为民粹主义/进步主义。随着东亚司法改革的展开,这些相互矛盾的情绪正在发挥作用,目前还不清楚,一旦改革在社会上站稳脚跟,哪一种情绪会得到更充分的满足。9/11事件对美国外交政策的影响,以及“安然”事件对美国公司治理的影响,使情况变得更加复杂,这两件事都使美国从20世纪90年代末的立场转向了东亚法律改革。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Politics, Ideology, and Legal System Reform in Northeast Asia
Legal systems throughout East Asia are in the midst of rapid and potentially fundamental change, across a range of legal fields. This paper, prepared for a conference on the potential effects of 9/11 on legal and social change in East Asia, examines East Asian legal reforms in the areas of administrative law and corporate law. These two fields, though not often studied in tandem, both respond to a pair of competing sentiments, one which can be thought of as "neo-liberal," and the other which might be termed populist/progressive. These competing sentiments are at play as East Asian legal reforms unfold, and it is as yet unclear which of them will be more fully served once the reforms take hold in society. Complicating the picture are the effects of 9/11 on America's foreign policy, as well as the effects of the "Enron" crisis in American corporate governance, both of which have shifted America's focus on East Asian law reform from where it stood at the end of the 1990s.
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