The Role of Law in the Asian-Pacific Region

本次研究是与环太平洋地区五所大学合作进行的，结束了为期三年的计划，重点关注了偶发的亚洲金融危机下的结构调整和经济法改革，但仍坚持调查法律在亚太地区的作用的最初想法。这项由朱拉隆功大学和泰国法政大学联合进行的研究表明，他们正面临着通过将西方法律技术元素引入传统社会的“全球化”，就像日本人在19世纪所做的那样。在研究期间举行了三次跨教职研讨会，讨论了宪法、国际公法、刑法、民法、商法等不同主题，得出的结论是，这两个有着相似历史背景的社会有许多共同之处。来自加拿大…的输入更多和新西兰表明，这些拥有历史上普通法制度的社会通过努力扩大其牢固确立的法律制度来接近亚洲邻国。中国面临着向市场经济转型的挑战，大力改革经济法律。通过对中国商法改革重要性的研究，揭示了通过法制改革来改革国家体制的重大意义。香港大学的一项研究发现，尽管香港深受英国法律制度的影响，但有许多迹象表明，当地习俗占主导地位，而普通法制度不能适当地照顾到这一点。日本本身目前正在进行法律改革，也正在向亚洲国家提供法律技术援助。本研究取得的成果已经在目前的法律技术援助项目中找到了一些足迹，并将继续作为未来科学研究和实际援助活动的基础。较少

The present research, conducted with a collaboration of five universities in the Pacific-rim region, concluded its three-year program by focusing on the structural adjustment and economic law reform drive under the incidental Asian Financial Crisis but still sticking to the original idea of investigating the role of law in the Asian-Pacific region. The studies conducted jointly by Chulalongkorn University and Thammasat University in Thailand revealed that they are facing the "globalization" by introducing elements of western legal techniques, as they did so, as Japanese also did, in the 19th century, into their traditional society. Three inter-faculty symposia were held during the research period, in which various topics, such as constitutional law, public international law, criminal law, civil law, commercial law etc., were discussed and a conclusion was reached that the two societies, which share similar historical backgrounds, have many things in common. The inputs from the Canadian … More and New Zealand showed that these societies with their historical common law system approach the Asian neigbours by trying to expanding their firmly established legal system. China is facing the challenge of transition to market-oriented economy by vigorously reforming its economic laws. A study conducted with a view to assessing the importance of commercial law reform in China revealed an immense significance of reform of state structure by reforming the legal system. A study with the University of Hong Kong found that, although the territory is strongly influenced by the British legal system, there are numerous indications of predominance of local customs, which cannot be properly catered by the common law system. Japan, itself, is currently undergoing a legal reform and a legal technical assistance addressing Asian countries is also being undertaken. The results achieved by the present research have already found some footsteps in the current legal technical assistance projects and they will continue to serve as a basis for a future scientific research as well as the practical assistance activities. Less