LAW AND DEVELOPMENT STUDY ON THE PROMOTION OF STATE GOVERNANCE BY THE INSTITUTIONAL REFORM THROUGH THE LEGAL ASSISTANCE

研究表明：(1)国家治理对市场治理、企业治理和公民社会治理都有很大影响。(2)通过法律改革进行机构改革是改善国家治理不可缺少的。(3)法律改革的国际合作(法律援助或法律改革合作)对于在全球化时代实施这样的制度改革必须是非常有用的：(4)受援国治理改革的法律援助项目的经验必须对捐助国的治理改革产生有益的反馈；(5)这种法律改革操作的积累将是将全球治理确立为当代国际秩序理想状态的必由之路。(6)本研究还分析了国际组织、外国政府和日本…政府进行的法律改革项目。更多的资金用于促进受援国的治理。因此，它们可分为三类：(1)援助受援国的法律改革；(2)负责国家司法系统的法官、检察官、律师等官员的能力建设；(3)促进民间社会的援助。显然，第(一)类和第(二)类项目明显超过了必须最难实施的第(三)类项目。在法律援助项目中发现了许多困难，例如：(A)缺乏连贯性和全面规划，(B)捐助国之间缺乏信息交流与合作，(C)难以为法律援助项目保留人力资源，(D)项目的时间限制和评估困难，(E)思想差距和(F)捐助国和受援国之间的语言差距，(G)鼓励受援国的依赖。(7)然而，这些问题对于今后建立法律和发展理论一定是非常有用的材料。较少

This study has made clear that (1)the governance of the state(state governance) greatly influences the governance of the market and firm and that of the civil society. ;(2)the institutional reform through the legal reform must be indispensable to improver the state governance. ;(3)the international cooperation for the legal reform(legal assistance or law reform cooperation) must be quite useful to implement such an institutional reform in the age of the globalization ;(4)the experiences derived from the legal assistance projects for the governance reform of the recipient countries must bring about useful feedbacks to the governance reform the donor countries ; and(5)the accumulation of such legal reform operation would be the only way to establish the global governance as an ideal state of the international order of our age.(6)This study has also analyzed (6)the legal reform projects which are undertaken by the international organizations, foreign governments and the government of Japa … More n for the promotion of governance of recipient countries. As a result, they can be classified into three categories : (i)assistance for the law reform of the recipient countries ; (ii)capacity building of the officials such as judges, prosecutors, lawyers, etc. who are responsible for the judicial system of the state ; and (iii)assistance of the promotion of the civil society. It has become evident that the projects of the category (i) and (ii) are dominant over the category (iii)that must be most difficult to actualize. Lots of difficulties in the legal assistance projects have been found such as (a)the lack of consistency and comprehensive planning, (b)the lack of information exchange and cooperation among donor countries, (c)the difficulty to keep human resources for the legal assistance projects, (d)the time limitation and the difficulty of assessment of the projects, (e)the gap of thoughts and (f)the gap of languages between the donor and recipient countries, (g)the encouragement of dependence of recipient countries.(7)These problems, however, must be quite useful materials for the establishment of Law and Development Theory in the future. Less