俄罗斯有法治吗:重新审视法治的概念与实践

IF 0.5 4区 社会学 Q3 LAW
Marianna Muravyeva
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引用次数: 0

摘要

全球化挑战了许多关于国内法、国际法、它们之间的关系、法律的产生方式和执行方法的传统假设法律历来是民族国家的事务,由法院和警察执行法律规则。相比之下,国际法相对薄弱,几乎没有有效的执行权。但全球化正在改变法律的轮廓,创造新的全球法律制度和规范。它还为国家制度和地方法律环境带来了法治、善治等普遍概念随着“法治”一词成为全球词汇的一部分,其确切含义变得越来越模糊人们一致认为,法律应平等地适用于每个人,无论其财富或政治地位如何;“法律面前人人平等”被普遍认为是法治的基本原则。再加上善治原则,这些概念在俄罗斯法律环境中的应用揭示了需要在俄罗斯国内领域之外讨论的复杂问题。这种讨论在导致国际法或普遍法概念的情况下更为重要,因为这需要一套多样化的法律体系
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Is There Rule of Law in Russia: Revisiting the Concept and Practice
Globalization challenges many of the traditional assumptions about domestic law, international law, their relationships, the ways in which law is created and the methods of its enforcement.1 Law has traditionally been the province of the nation state, whose courts and police enforce legal rules. By contrast, international law has been comparatively weak, with little effective enforcement powers. But globalization is changing the contours of law and creating new global legal institutions and norms. It also brings universal concepts such as rule of law and good governance to national systems and local legal environments.2 As ‘rule of law’ has become part of the global lexicon, its precise meaning has become increasingly opaque.3 There is an agreement with the principle that law should apply in equal measure to everyone, irrespective of wealth or political status; ‘equal justice under law’ is generally accepted as the foundational principle of the rule of law. Coupled with good governance principles, the application of these concepts to the Russian legal context reveals complex issues that need to be discussed beyond the Russian domestic sphere. Such discussion is even more important in situations leading to global law or universal law concepts, which require a diverse set of legal systems that
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
11
期刊介绍: Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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