欧盟混合法律的形成和发展
发布时间：2018-08-14 10:41
【摘要】：欧洲一体化过程是欧洲政治、经济、法律、社会、文化的一种全面互动和混合的过程,而法律的混合在其中发挥着至关重要的作用。半个世纪的实践证明:欧洲一体化的每一个进程都是通过其法律的混合予以推动的,而这些一体化的阶段性成果又反过来丰富着欧盟的法律体系。欧盟不仅在成员国各国树立了自己的政治、经济和法律权威,而且在全球的政治、经济和法律事务中发挥着举足轻重的作用,成为多极世界格局中的一极力量。本文分为四个部分,各部分的主要内容如下: 第一部分:背景分析。这一部分主要介绍随着比较法学的充分发展,混合法律体系和混合法学的研究也进一步深化。特别在欧洲一体化进程的背景下,为混合法的发展提供了良好的实践平台,并且使混合法的研究进入一个崭新的阶段。 第二部分:欧盟法律混合的逐步形成。这一部分主要介绍欧盟的产生和发展,以及由此产生相关的法律问题,欧盟法和欧盟成员国的法律相互混合从而使欧盟法的进一步完善。试从欧盟法效力的优先性与直接性出发,从而欧盟成员国的影响,以及欧洲法院对欧盟法的影响两方面来论述,欧盟成员国相互之间如何实现法律融合,并且使混合法理论得到了更进一步的发展。 第三部分:欧盟法的法律混合进一步加强,以及欧盟各成员国之间相互的影响。这一部分主要介绍欧盟法和欧盟成员国法律之间的影响,并阐述欧盟法对其成员国对外条约签订的相关影响,从而概括欧盟法得到了怎样的新发展。 第四部分:欧盟法对全球一体化的影响。目前在全球一体化的背景下,欧盟法的发展对混合法理论的深层次发展起到了相当重要的推进作用,并且对国际法、全球经济以及各国的宪政发面的影响也起到至关重要的作用。
[Abstract]:The process of European integration is a process of comprehensive interaction and mixing of European politics, economy, law, society and culture, in which the mixing of laws plays a vital role. The practice of half a century has proved that each process of European integration is promoted by the mixing of its laws, and the phased achievements of these integration in turn enrich the legal system of the European Union. The European Union has not only established its own political, economic and legal authority in member countries, but also played an important role in the global political, economic and legal affairs. This paper is divided into four parts, the main contents of each part are as follows: the first part: background analysis. This part mainly introduces that with the full development of comparative law, the study of mixed legal system and mixed jurisprudence is further deepened. Especially in the context of European integration process, it provides a good practical platform for the development of mixed method, and makes the study of mixed method enter a new stage. The second part: the gradual formation of the mixing of EU laws. This part mainly introduces the emergence and development of the European Union and the related legal problems arising therefrom. The law of the European Union and the laws of the member states of the European Union are mixed together so that the law of the European Union can be further improved. Starting from the priority and directness of the effectiveness of the EU law, this paper discusses how to achieve the legal integration between the EU member States and the European Court of Justice from two aspects: the influence of the EU member States and the influence of the European Court of Justice on the EU law. And the mixed method theory has been further developed. The third part: the legal mix of EU law is further strengthened, as well as the mutual influence among EU member states. This part mainly introduces the influence between the EU law and the law of EU member states, and expounds the influence of EU law on the foreign treaties signed by its member states, so as to generalize the new development of EU law. The fourth part: the influence of EU law on global integration. At present, under the background of global integration, the development of EU law plays a very important role in promoting the deep development of mixed law theory, and it also plays an important role in international law. The influence of the global economy and the constitutionalism of each country also plays a vital role.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D99
本文编号：2182601
[Abstract]:The process of European integration is a process of comprehensive interaction and mixing of European politics, economy, law, society and culture, in which the mixing of laws plays a vital role. The practice of half a century has proved that each process of European integration is promoted by the mixing of its laws, and the phased achievements of these integration in turn enrich the legal system of the European Union. The European Union has not only established its own political, economic and legal authority in member countries, but also played an important role in the global political, economic and legal affairs. This paper is divided into four parts, the main contents of each part are as follows: the first part: background analysis. This part mainly introduces that with the full development of comparative law, the study of mixed legal system and mixed jurisprudence is further deepened. Especially in the context of European integration process, it provides a good practical platform for the development of mixed method, and makes the study of mixed method enter a new stage. The second part: the gradual formation of the mixing of EU laws. This part mainly introduces the emergence and development of the European Union and the related legal problems arising therefrom. The law of the European Union and the laws of the member states of the European Union are mixed together so that the law of the European Union can be further improved. Starting from the priority and directness of the effectiveness of the EU law, this paper discusses how to achieve the legal integration between the EU member States and the European Court of Justice from two aspects: the influence of the EU member States and the influence of the European Court of Justice on the EU law. And the mixed method theory has been further developed. The third part: the legal mix of EU law is further strengthened, as well as the mutual influence among EU member states. This part mainly introduces the influence between the EU law and the law of EU member states, and expounds the influence of EU law on the foreign treaties signed by its member states, so as to generalize the new development of EU law. The fourth part: the influence of EU law on global integration. At present, under the background of global integration, the development of EU law plays a very important role in promoting the deep development of mixed law theory, and it also plays an important role in international law. The influence of the global economy and the constitutionalism of each country also plays a vital role.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D99
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