On The Convergence Of The Law And Its Limits In The Context Of Globalization

Globalization in modern world has already been the signal feature.The problem of globalization is rapidly focused on generally and becomes the most important and hottest subjects in the international academics nearly 20 years.Furthermore,under globalization, the study of similarition becomes the hot domain. However, this field has several opinions in our country, not yet forms the complete theory system. With the step of globalization speeding up, the development of law facing the new challenge,and then is a sign of the necessity and the urgence of study in trend of similarity. This article bases on the globalization and brings forword the suggestion on the construction of legal system by analysizing similariation concept as well as the phenomenon in the process of globalization and the performance of similariation.The similariation of law as the research object of this article. Specifically, Chapter I is the preliminary analysis of this theory, which analysises the concept of similariation of law:charifys the definition by descriping the background,the present studies'situation in domestic and foreign, and attempts to find the reasons in jurisprudence. Chapter II is the unique place by opening out the core of this theory: multiplication is inevitable and similariation is necessery, and analyzing the multiplication and similariation of legal culture with the theory tool of "the clash of civilization" from Samuel Huntington. Chapter III is the key point of this article, mainly charifys the performance and limit of similariation, which lists the aspects of similariation in the perfomance and analyzes its barrier factor in limit question, and these due to generalize principles that should follow in the legal development. Chapter IV is on choice of our system in the process of globalization, which points out the principles should be followed and discusses how to develop our modernization by reviewing our law history and focuses on funtion of the nation and its government, this also is must to the studies of similariation.