Legal Transplantation Research

At the beginning of this article, the author gives a brief description of some famous cases of legal transplantation in legal history. And then, she analyses 6 aspects of legal transplantation in detail:The first chapter is mainly about the concept of legal transplantation. The author believes it is necessary to define the conception again because today's definition has many shortcomings. In the author's view, legal transplantation means a legal system or it's ingredients are transferred from its original house to another one and assimilated to a certain extent by a new legal culture. Then, the author discusses the probability and necessity of legal transplantation: the former bases on 4 factors and the latter on 4 reasons, too. In this part, the author also argues against the opinion which protests it is impossible to transplant law successfully.The second chapter discusses on the patterns of legal transplantation. The author classifies the patterns of legal transplantation under 5 kinds of standards. Firstly, on the independence of the transplantation, the author classifies it into 3 patterns: the independent (which means the transplantation is controlled completely by the side who transplants law), the colonial and the synthetic. Secondly, on the interrelations between the domestic law and the foreign law in the transplantation, the author classifies it into 2 patterns: the unilateral (which means in the transplantation one only input but not output at all) and the bidirectional. Thirdly, on the extent and deepness of the transplantation, the author classifies it into 2 patterns: the holistic (which means a legal system is transplanted as a whole) and the segmental. Fourthly, on the original house of the law which is transplanted, the author classifies it into 3 patterns: the foreign (which means the law is transplanted from the foreign), the domestic and the international. Lastly, on the target (to displace, to supplement or to overlap the domestic law) of the transplantation, the author classifies the patterns into the displaced, the supplemental (which means the transplantation's target is to make up the domestic law) and the overlapped. When discussing these patterns, the author gives some famous cases and describes them in detail, that is, the classification of the patterns is mainly...