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上世纪八十年代末九十年代初,前苏联东欧国家同时在政治经济领域进行了规模宏大的结构性转型,其宪法和法律制度的演变也格外引人注目。十七年后从法律移植和法律转型的视角,分析这期间各国在宪法和法律制度方面所进行的大规模移植,审视其法律转型的实效,剖析前苏东国家在法律移植现象背后的理论之争,再以各国宪法法院从无到有的显著进步,阐述各国在公私法领域中引入的法治新理念,透视东中欧法律转型的深层特质。
In the late 1980s and early 1990s, the former Soviet Union and Eastern European countries simultaneously conducted a massive structural transformation in the political economy. The evolution of the constitution and legal system was also particularly noticeable. Seventeen years later, from the perspective of legal transplantation and legal transition, this paper analyzes the large-scale transplants carried out by various countries in the constitution and legal system during this period, examines the effectiveness of legal transition and analyzes the theories behind the phenomenon of legal transplantation in the former Soviet Union and Eastern Europe Then, taking the remarkable progress made by the Constitutional Courts from all over the world, this article elaborates the new concepts of the rule of law introduced by various countries in the fields of public and private law and provides a perspective on the deep characteristics of the legal transition in East Central Europe.