A Study Of Legal Globalization

Since the latter part of last century , legal globalization is surging, a strong trend is the development of the new century. Globalization refers to a large extent of economic globalization. In the process of economic globalization, the law will inevitably be involved, the law must adapt to the needs of economic globalization, and to adapt to such involvement will inevitably mean that the law itself to a certain degree of globalization. With "globalization of law" raised in the West, we have heard the voice of the question.First, the possibility of legal globalizationEconomic globalization to economic of China, political, social and cultural aspects and a great impact with the pressure. "Globalization" is not only the various commodity markets around the corner ,it has become a fashion trend when we put the law associated with the development of thinking, it had a "legal globalization" proposition. To folly understand the proposition of the practice, we need to do to deal with the problem and, in reflection on the basis of language from the vocabulary as well as the limitations of the old concepts, face the "globalization of law" in this really.(A) the possibility of the legal theory of globalizationFor domestic "law globalization" study the possibility of the usual uphold the law of a sociological perspective, through the study of law and society in general of external factors. In the face of "law globalization" the possibility of the proposition on the issue, sure to send negative and the differences were mainly in three aspects. They seem more concerned about the law on the relative economic independence, pointing out that the kind of fear that globalization will be difficult to leave the law be guaranteed. The concept of the establishment. "law globalization" to deny the political in the world multi-polarization trend in an attempt to establish uniform of the Kingdom of the law, out of political cultural traditions such constraints as well as with its legal content on the homogeneity, we often negative "law globalization" as a "Western-centrism" "Western hegemony" and "colonial laws" of the development of innovative pioneers or banner.(B) to reflect the thinking and ReconstructionIn this same context of the theory, the judge not lead to diametrically opposed views. At present, studies have been some changes, these changes were most certainly be found on the "law globalization". The authenticity debate on the topic has not yet changed still hold the original path of thinking, and thus explain the lack of innovation. In my view, the " law globalization " can not and the issues involved are: China's legal reform, legal inheritance, the legal aspects of transplantation, such as how to adapt to economic globalization and to promote development; In China, the economic globalization in the context of how to reflect the material Civilization, spiritual civilization, political civilization and ecological civilization, a combination of the rule of law; our country in the world in the development of the law to absorb advanced culture of law; more importantly, how to contribute to this nation the essence of the law and so on. As a result, we understand that the " law globalization " should be based on legal development and the development of the relationship between the legal world, our focus on the law in the world of law and social development in the independent status of nation-states to put aside political perspective. In a word, " law globalization " regardless of being seen as a process or as a result, in which we should not lose their sense of the subject.Second, the globalization of the legal form of expressionLed to economic globalization, all areas of profound globalization of the society has become a kind of change can not be stopped. Whether you like it or not, admit it or not, it does have taken place, it is undergoing, and will seek to develop each of the countries and regions. Before the WTO, some people also believe that economic globalization is a theoretical assumption that some people are still wait-and-see, China is still controversy. How far away from globalization, After the accession to the WTO, we must admit indisputably that globalization has been for us.The law is on-going globalization of the world economy, politics, cultureperformance of the legal process of globalization, the globalization of legal......infact play in this process so that the standardization, of stereotypes. In a sense, globalization is not only legal economic, political, cultural globalization, but also their guarantee.(A) legal integrationThe law refers to the integration of the legal systems in each other. Among the legal norms ,there are not subordinate to each other, international law and domestic law is also seen by some as two different legal systems. But in real life, we have made it clear that these laws are linked together, international law and domestic law, the line between being blurred, and the realization of such a link is higher than that of international law, domestic law has faith the universally recognized. Political, economic and cultural isolation is never exist, regulation of these social phenomena are bound to the legal existence of ties.Any countries and regions ,in dealing with a single field, will consider the other areas caused by a series of reactions. Our focus is to address the issue based on what the judge may have to cope with the subsequent reaction of burglary that is most appropriate in accordance with the legal integration.(B) the law of convergenceIn the context of globalization, countries in the political, economic and cultural exchanges have become increasingly frequent, particularly in the economic field. Between the countries of the deepening interdependence, in this context will inevitably need to adapt the law, otherwise, cross-border economic transactions would be impossible in an orderly conditions. In the process of economic globalization, each country's legal norms and legal norms of the international community is also interaction between the complementary, cross-fusion.(C) Standardization of the law Standardization of the law generally refers to the international community, the United Nations, international organizations, some of the economic development of model laws of the Commonwealth, made available to each country as a specimen or in the light of the legislation. To actively promote accession to the WTO , we can see this point. It also helps to reduce the socio-economic, political and cultural aspects are very different countries and between the main obstacles to reduce unnecessary disputes. If the law of globalization can be achieved, then to a large extent, it will be "standardized". In that case, the law will also make appropriate adjustments. In the context of globalization, the distinction between domestic affairs and international affairs has become increasingly blurred border, a large number of international treaties and international matters, so that the traditional functions of sovereignty has changed.(D) of non-state lawIn the context of globalization, Chins has been a significant impact and influence of the traditional sovereign states to adapt the legal system, legal system and law necessarily practice of refraction, reflection of the times to respond to this challenge. The law of the non-state tendency is one of the important issues.From a legal point of view, domestic law and international law between the boundaries as a result of globalization and become more and more obvious, particularly because of regional integration, the accession to the World Trade Organization, the original domestic law in order to adapt to the requirements of the WTO Large-scale restructuring, domestic law and international law are taking place in the relationship between the interaction would be difficult sub-sector.Third, globalization of legal obstacles and limits(A) legal barriers to globalizationGlobalization is an inevitable law of the legal division of the premise of the legal system within the civil law, criminal law, administrative law division of labor, and so on. It goes without saying that we are talking about the legal sense, globalization is more law in the field of space division And the corresponding economic globalization.Law and is most closely related to political, legal process of globalization is also involved in the most sensitive political issues. In this context, scholars have more concern is the issue of sovereignty, the legal integration of national sovereignty.(B) the legal limits of globalizationThe legal concept of globalization stems from the liberal ideal, It is the vision of a better life or an ideal, although the trend is inevitable, but it's the law of globalization and the realization of the operation of the soil is still realistic. Therefore, the law of globalization especially in today's world, or even in the period, it has to achieve its own internal or external limits.Fourth, the legal action as a result of globalization and routing(A) legal action as a result of globalizationLegal globalization is produced by chance, and it not only profound economic, political and social factors, the law is a natural evolution of their own development requirements.(B) a possible path - through the legal integration of communicationPromote the globalization of the legal needs of the public, more lawyers tirelessefforts. Although all public life because of the law, but in order to protect freedom, order and the legal responsibility more inclined to rule by doing nothing attitude is not easily interfere with normal life. Globalization is the legal status of a common ground while reserving differences, the choice of integration into the state of the open stance, but also open the window to civilization. The law is the law of globalization on the basis of diversity of globalization, there is no communication between the different legal, there would be no possibility of globalization. As opposed to economic globalization, the international community, the law in response to economic globalization in the required security, but also reflects the global community to act in all the main complex interaction staggered at this stage is more of the major national construction and social Organizations.