The international context in the formation of post socialist legal system : A comparative study of Poland and Russia

(1)提炼出后社会主义国家法制形成过程中受影响方(国际因素)与受影响方之间的三种关系：(1)超国家法律共同体成员的实现类型；(2)财政支持的条件类型；(3)智力交流的类型。在这种类型学的基础上，考察了波兰和俄罗斯的异同。(2)作为每种类型的案例研究，欧洲委员会和欧洲人权法院(类型1)、养老金改革(类型2)和所谓的“百分比法”(类型(3))作为波兰的案例进行了研究。(3)对于超国家合法共同体成员的一种实现类型，波兰的加入欧盟问题被作为其典型案例进行了详细的研究。特别注意这一加入过程中产生的宪法问题，并审查了宪法法庭关于这些问题的裁决。(4)本项目以波兰和俄罗斯的案例为基础，提出了法律体系重构和国际影响类型的分析模型，可作为分析亚洲“法律援助”与欧洲经验的基准。

(1)Three types of relationships between the influencing side (international elements) and the influenced one in the process of formation of legal system in the post-socialist countries, were extracted; (1)type of realization of supranational legal community membership, (2)type of conditionarities in financial supports and (3)type of intellectual exchange. On the basis of such a typology, similarities and differences between Poland and Russia were examined.(2)As case studies of each type, Council of Europe and European Court of Human Rights (type(1)), pension reforms (type(2)) and so-called "percent law" (type(3)) examined in case of Poland.(3)As to a type of realization of supranational legal community membership, the problem of EU accession of Poland was examined in detail as its typical case. Special attention was paid to constitutional issues which were given rise to in the process of this accession and the decisions of Constitutional Tribunal on these issues were examined. Discours around Treaty for European Constitution as the first case, in which Poland stood on the reverse, influencing side to European law as a member country.(4)The analytical model of restructuring of legal system and typology of international influences, presented in this project on the bases of Polish and Russian cases, can be used as a benchmark in analysing "legal assistance" in Asia in comparison with experiences in Europe.