中俄法律体系趋同的前景:二十一世纪多极化的法律维度

G. Nebratenko
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引用次数: 0

摘要

本文致力于远东与欧亚国家的比较法律分析,这对于协调国家间合作和通过国家手段稳定国际安全具有科学意义。欧亚大陆最大的几个国家之间的务实互动旨在解决现代世界秩序的矛盾,这些矛盾在很大程度上是由美国希望单极世界秩序规则在全球传播的愿望所决定的。这篇科学文章的目的是比较中华人民共和国和俄罗斯联邦在国家法律制度具体历史发展过程中的法律关系,这些法律制度具有确保普遍和平与安全的累积潜力。本文的主题是在分析罗马-德国法、社会主义法和传统(习惯)法的特点的基础上,对中国和俄罗斯的法律制度进行比较分析。本研究的理论基础是勒内·大卫的比较法概念和卡米尔·约佛-斯宾诺西编著的结语,这些结语概括了从古代到近代人类进步发展过程中关于法律类型和法律制度的科学思想,以及人文学科确立的历史时代分期。科学知识的方法论基础是比较法方法、历史-法律和形式-逻辑方法以及系统结构方法的使用。因此,考虑到2049年宣布的共产主义建设,以及“一带一路”项目(伟大的丝绸之路)的完成,得出了“社会主义法律家族”的标志对中国法律制度的无条件影响的结论。与此同时,在俄罗斯联邦发展了一种罗马-日耳曼式的右翼体系,但俄罗斯作为苏联在其领土和国际组织中的合法继承者,仍然是社会主义法家族的始祖,这是国内科学对世界法学发展的贡献。然而,对于罗马-日耳曼法家族而言,俄罗斯联邦在历史和地理上都太大,在法律意义上也很具体,因此,目前明显以大陆法标志为主的国家法律体系自给自足的理念更为准确。20世纪90年代在理论层面上,俄罗斯法律体系机械地归属于罗马-日耳曼法的类型,这是一个可以预见的决定,与四方法系存在的想法有关。然而,勒内·大卫在苏联和后苏联时期将俄罗斯与旧世界的法律体系和二十世纪宣布的“年轻的欧洲国家”分开看待,对世界法理学的发展没有主权影响。本文讨论的这些概念和其他概念说明了俄罗斯联邦和中华人民共和国在法律界的特殊地位,以及它们作为负责任的国际合作参与者的作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The prospect of convergence of the legal system of Russia and China as a legal dimension of multipolarity in the XXI century
The article is devoted to the comparative legal analysis of the Far Eastern and Eurasian states, which is of scientific interest for synchronizing interstate cooperation and stabilizing international security by national means. The pragmatic interaction of the largest states of Eurasia is aimed at resolving the contradictions of the modern world order, largely predetermined by the desire of the United States for the global spread of the rules of the unipolar world order. The object of the scientific article is the comparative legal relations of the People’s Republic of China and the Russian Federation in the process of concrete historical development of national legal systems, which contain cumulative potential for ensuring universal peace and security. The subject of the article is expressed in a comparative analysis of the Chinese and Russian legal systems based on the analysis of the characteristic features of Romano-German, socialist and traditional (customary) law. The theoretical basis of the research is based on the comparative legal concept of Rene David and its epilogue edited by Camille Joffre-Spinosi, which crowned scientific ideas about the types of law and legal systems, as well as the periodization of historical epochs established in the humanities in the process of progressive development of mankind from the ancient world to Modern times. The methodological basis of scientific knowledge was the use of the comparative legal method, the historical-legal and formal-logical, as well as the system-structural method. As a result, the conclusion is made about the unconditional influence of the signs of the “family of socialist law” on the Chinese legal system, taking into account the declared construction of communism by 2049, as well as the completion of the “One Belt, One Road” project (the Great Silk Road). At the same time, a right-wing system of the Romano-Germanic type has developed in the Russian Federation, but Russia, as the legal successor of the USSR on its territory and in international organizations, remains the ancestor of the family of socialist law, which is the contribution of domestic science to the development of world jurisprudence. However, for the family of Romano Germanic law, the Russian Federation is too large in historical and geographical terms and is specific in legal significance, therefore, the idea of self-sufficiency of the national legal system, which is currently obviously dominated by signs of continental law, is more accurate. The mechanical attribution of the Russian legal system to the type of Romano-Germanic law, which occurred at the level of doctrine in the 90s of the XX century, is a predictable decision related to the idea of the existence of a quartet of legal families. However, Rene David in the Soviet and post-Soviet period considered Russia separately from the legal systems of the Old World and the “Young European states” proclaimed in the XX century and not having a sovereign influence on the development of world jurisprudence. These and other concepts discussed in this article illustrate the special place of the Russian Federation and the People’s Republic of China in the legal world, as well as their role as responsible participants in international cooperation.
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