Re-evaluation Of The "Law And Development Movement" In The United States

The "Law and Development Movement" is a legal transplantation activity aiming at promoting the legal modernization of Latin America,Africa and other third world countries,and using the dissemination of American law as a means.The campaign began in the 1960 s and lasted until the early 21 st century.The scholars who led the movement,with a good vision of promoting the development of the third world countries,transplanted laws to the third world countries,and showed different characteristics from the traditional concept of legal transplantation.The non-governmental infiltration,capital promotion and unified standardization of legal transplantation subjects have become the characteristics of this movement different from traditional legal transplantationThe "Law and Development Movement" is of great momentum and wide influence,and involves the study of development issues,which has aroused widespread concern all over the world,and China is no exception.In the 1990 s,China was in the stage of rapid economic development.How to rationally play the positive role of law in the economy and maintain the steady development of economy and society has become the "law and development" problem facing China.In this context,Chinese scholars began to study the "Law and Development Movement" in the United States.As the first batch of researchers,Chinese scholars in the 1990 s mostly focused on introductory content,with less evaluation content.Even if it involves a small amount of value evaluation,it is consistent with the self-reflection of American scholars on the movement,mostly negative.These negative values include the questioning of the hegemonism and western centralism of the purpose and means of the movement,and the unified standard of legal modernization proposed by the movement.These doubts raised by Chinese scholars are related to the status of China as a legal importing country at that time.However,the development of theory and the change of practice provide us with a new opportunity to re-view the movement.From a theoretical point of view,the indivisibility of world development emphasized by attached development theory provides effect and motivation for the rational interpretation of the movement,while North's new institutional economics provides a reasonable explanation for the re-understanding of the movement from the perspective of institutional equilibrium and institutional economic protection.From a practical point of view,the proposal of The Belt and Road Initiative has provided both opportunities and challenges for our enterprises to seek extraterritorial development.The "capital carrying law" has become an objective activity in the background of globalization.The countries along The Belt and RoadInitiative are mostly backward countries.The legal system of these countries can not protect the interests of overseas development of our enterprises,such as the risk control of Asian investment bank loans,the standard application of transnational enterprises and the human rights protection brought about by the expansion of contacts.Perfect system should be guaranteed.The formation of The Belt and Road Initiative reminds us of the " Law and Development Movement ",both of which are led by economic powers,involving development assistance and involving legal contacts with other countries.Through the changes brought by the "Law and Development Movement" to Latin American countries,the world legal order and legal research,we can see that this movement is not a meaningless and hegemonic legal dissemination activity.From the perspective of promoting the development of the third world countries,the campaign has had a positive impact on the economic development,legal system and legal education of some countries in Latin America and even Africa;from the perspective of promoting the world legal order,the campaign has promoted the process of global governance,promoted the globalization of contemporary democracy,and promoted the "new merchant law".From the perspective of the promotion of legal research,this movement enriched the research methods of law,enriched the discussion of the concept of law,triggered the discussion of the relationship between law and development,and opened up the study of ontology of legal transplantation.With the rapid rise of our economy,China's international status is constantly improving.Whether it is based on the need to safeguard investment security and the interests of the country and the people,or on the need to enhance national influence,it is particularly important to enhance the external influence of the rule of law in China.Therefore,we must adopt a critical attitude to learn from and absorb the specific practices of the movement so as to avoid repeating its hegemonic mistakes.From the experience we can learn,we should encourage the participation of civil subjects,promote the operation of extraterritorial evaluation of the rule of law,and promote the export of law by reaching dispute settlement agreements on the premise of mutual benefit and win-win situation;from the lessons we should learn,we must be selective in the content of export,and fully consider the value differences of target countries,as well as avoid implicit colonialism.To germinate in the process of output.