人工翻译的最好,呵呵。因为我最高只能悬赏100,所以会再追加100,一共200,绝无虚言。
谢谢
VII CONCLUSION
Ancient neo-Confucian borrowings are more than mere academic curiosities, since they provide insights into the mysterious processes conditioning legal transplantation. Successive borrowings from Chinese, French, Soviet and, more recently, Western legal systems demonstrate layered or textured reception patterns. Ideological precepts are swiftly adopted by receptive elites to improve their social positions. Mandarins in neo-Confucian societies and party cadre in socialism benefited materially and morally from imported ideologies.
Borrowed political-legal culture, in contrast, faces greater local resistance. It took the Le and Nguyen rulers centuries to inculcate neo-Confucian values. The French never succeeded in proselytising Western legal liberalism. Even with the benefit of modern transportation and communication socialist values at best only engaged state employees. This history of legal transplantation infers, however, that eventually imported political-legal culture integrates with, and occasionally displaces, pre-existing concepts. During the transition period, which is measured in decades, incongruities between imported ideologies and local cultural precepts destabilise borrowed legal norms.
On a practical level, Western legal ideas easily transplant to Western trained legal technocrats enmeshed in foreign aid and legal harmonisation projects. Conversely, party elite and middle level legal officials quarantined from foreign influence read imported legal texts from neo-Confucian/socialist perspectives that reconstruct their original meaning. Imported laws designed to transform socialist concessionary discretion to universal commercial norms are consequently subverted by particularistic or moral based solutions. Finally, imported commercial laws lack social traction unless they engage compatible market institutions. Legal harmonisation aiming to replicate Western anti-monopoly rules, for example, is a fatuous exercise until host countries develop markets based on private competition.
The cycle of Chinese and Soviet borrowings have lessons for legal transplantation beyond the borders of Vietnam. At best, it is naive to assume that legal convergence and harmonisation are both inevitable and desirable. At worst, visions of legal globalisation evince Eurocentric thinking that defines out of existence inconsistent legal values and cultures. Analytical frameworks, like the working postulates, are needed to direct analysis towards the sites of interaction between imported laws and host country institutions. Since the Seattle protests against the WTO in 1999, multi-lateral organisations have been held more accountable to national democratic discourses. Political processes are now required to protect the vulnerable from transplanted free trade systems in undemocratic East Asia.
z310502035。。。。。谢谢你,不过不能采纳
我无语。二楼和三楼的回答完全一样。。。