The 20th Century To The Transplantation Of Common Law Of Janpan And The Enlightenment

Content:Move to improve domestic legislation law and promote the further development of domestic law has a prominent role for a long time, japan, as a foreign transplants can a typical and a major concern. at present to our country is in the judicial reform, to improve our judicial system, the need for any other good legal system, work for a transplant, we should learn from other countries that have been especially our neighboring japan in the legal aspects of the results were transplanted to Law history of legal system transplants are the concept, in germany, france, japan and other mainland legal system state's judicial system and occupy an important position. our country is the value of judicial reform, how to implement the transfer of law, how to keep the law to our national and local law, how to move, and the study of our legal transplant as ours. Transplanted from the legal connotations, and the porting to the concept of the major concern to japan, the 20th century the united states and france to england, from a historical environment, the transfer of procedure and method to wait for some more questions to the Japanese move in the law. article analyzes the first review the law out of successful experiences, and then from now on the characteristics of china's national law of the need for a transplant. From the law on the transfer of meaning for detailed discussion of legal basis, for porting the way some basic problems have made a careful analysis on the present some experts and scholars on the transfer of study. japanese can make a success of the law, including japan, japanese and the national level and the characteristic of the country has its close ties. japan signed the "kingdom" was founded, A period of slavery in ancient china's law of dahua transplant "innovation," there is a period of the divisions of the meiji of the european law for transplant "the meiji restoration," all these to japan in the 20th century the british and american transplant the law has laid a solid foundation. japan has been possible to transplant anglo-american law and the world trend closely and inseparably related to the trend. the british and american as was the world's powers, their legal system in the world's first column, Have a lot of advanced legal system of underdeveloped countries are good examples. from time immemorial, ancient and modern history has proved that advanced culture and assimilation will affect the cultural and contemporary china is also using the advanced state of things to japan. by the british and american transplant out the law of historical circumstances, such as social and cultural analysis, we view the japanese culture of their flexible and open to the transfer of an important role in law. The last key to japan and the american transplant the way, the analysis of the united states and france in the transplant process of law, thereby came to the japanese move to our lessons.this article mainly divided into four parts. the first part of the law is mainly discussed the transfer of the concepts and study and research methods, this section point out the significance of the law, our legal transplant results from inadequateThe last key to japan and the american transplant the way, the analysis of the united states and france in the transplant process of law, thereby came to the japanese move to our lessons. For research and study also described. the second part of the modern legal system and from japan japanese law of the Japanese culture and social background of the three points on Japanese legal basis for porting the meiji reformation period. japan is formed by the "six" for modern legal system, a great success for the future of law has laid a solid basis for porting; japan the whole history is one of whom, in essence and improve their outstanding Ideas for its legal transplant play its role. the third part of the war and postwar divided into two stages to the transplant process of anglo-american law, detailed treatment. in the war has lawye and jury anything whatever respecting the law and the law, after the war, there were constitutional, wirtschaftsrecht, administrative and judicial system, in which there are some failures, but it's a law provides an important experience. The fourth part of the law of the japanese move to china to move in the china law provides a proposal. first, the transplants should be consistent with china the situation in our present objective economic laws; exception to this law was transplanted of our traditional culture and absorb the quintessence; finally stress the importance of education from japan to study law and jurisprudence of the features of our future of law raised hopes of transplant.