A Study On The Interest - Oriented Mechanism Of The Development Of Law In East Asia

The premise of the theory of the development of the rule of law in East Asia is the establishment of the theory of the development of regional rule of law,and this theory is proved to be in the process of globalization and localization,modernism and postmodernism.I refine the characteristics of the development of the rule of law in East Asia in modern times, and tap the reasons for the development of interest oriented mechanism in the development of the rule of law in East Asia, and look for the basic characteristics of the development of the rule of law in East Asia; I dig the main factors affecting the development of the rule of law in East Asia at different levels of interest from the history and characteristics, in order to explain the basic structure of the mechanism; I try to analyze the role of interest oriented mechanism in every part of the development of the rule of law and elaborate the running rule of the mechanism; finally, I explain the mechanism function, to seek the basic path of the development of the rule of law in East Asia and construct the ideal picture of the development of the rule of law.This paper consists of five parts. The first part of this paper tells the theory of regional development of the rule of law. mainly sets the tone for the development of regional rule of law theory. The basic concepts and contradictory ideas of the theory of globalization, the rule of law theory of globalization, the theory of localization and the theory of regional rule of law are explained, two trends of world development are summarized, and the tension between them is expounded. The development of regional rule of law is the goal of the external expansion from endogenous thinking.The second part explains the development of interest oriented mechanism in the development of the rule of law in East Asia. This part, firstly, I illustrate the reason why the East Asian region is the object of the development of the rule of law in the region; secondly, we discuss about the definition of "East Asia" region, identify the scope of the East Asian region and the areas in which I have to be involved in the study; then, analyze the history process of the development of rule of law in China, Japan and South Korea from the law of "good" and "good governance" two angles; finally, through to China, Japan and South Korea as the representative, sum up the historical characteristic of the development of rule of law in East Asia. It is mainly about exogenous type institution and endogenous type practice.The third part explains the basic structure of interest oriented mechanism. This part analyzes the dominant factor in different aspects of the development of rule of law in East Asia from the process and characteristics of East Asia’s development of rule of law: regional-cultural interests’ factors, national-economic interests’ factors, individual-human rights interests’ factors. I analyze relationships between the three, using the sociological analysis of functional theory to solve the problem of multiple levels of development factors.The fourth part analyzes the operation mode of interest oriented mechanism. It mainly includes that regional-cultural interests is the foundation of the development of the rule of law in East Asia, showing the rigidity of the system and the soft nature of governance. In the face of the essence of the development of the rule of law in East Asia, the national economic interests’ level is the stability of the system. The economic interests of the country follow the essence of the development of the rule of law in East Asia, showing the stability of the system. The form of the development of the rule of law in East Asia in the interests of individual rights and interests show the diversity of the integration and governance of the system.The fifth part illustrates the function of interest oriented mechanism. This part expounds the problem of where the rule of law in East Asia to go under the guidance of interest. To the direction of cultural integration; to the direction of comprehensive cooperation:to return to the beginning of the heart, this is the way of the rule of law in East Asia.