论文部分内容阅读
巴勒斯坦法律制度具有结构性缺陷。除自治当局颁布的法律外,还包括在约旦河西岸起作用的约旦法律、在加沙地带起作用的埃及法律、以色列军事法令、英国委任统治时期法令、伊斯兰教法、习惯法等,甚至还有部分奥斯曼帝国法律。这些法律分别受到大陆法系、普通法系及伊斯兰教法等不同传统的影响,许多内容相互冲突,落后于时代,成为巴勒斯坦发展的制约因素。自治政府采取了相应措施,应对由此带来的挑战,但法制建设总体进展缓慢。巴以和谈屡次受挫、巴勒斯坦最终地位问题迟迟得不到解决,自治政府无法获得完全立法和司法权是外部原因;行政权力对立法和司法的过度干涉则是内部原因。
The Palestinian legal system has structural flaws. In addition to the laws promulgated by the self-government authorities, there are Jordanian laws that work in the West Bank, Egyptian laws that work in the Gaza Strip, the Israeli military decree, the British Mandate Redemption Act, Sharia law, customary law, and even Part Ottoman Empire Law. These laws are influenced by different traditions such as the civil law system, the common law system and the Sharia law. Many of these laws conflict with each other and lag behind the times and become the limiting factor for the development of Palestine. The self-government took corresponding measures to deal with the challenges it posed. However, overall progress in building the legal system was slow. The Palestinian-Israeli peace talks have been repeatedly frustrated. The issue of the final status of Palestine has not been solved yet. The failure of the self-government to obtain complete legislative and judicial power is the external cause. Excessive interference by the executive power in legislation and judiciary is the internal cause.