Legal Transplant Of China What Course To Follow

The legal transplant as a commonly used concept, now has already become one of indispensable and vital topic tasks of the law progress and development. As a result of politic, economy, history, culture difference, laws of various countries present different status as advanced and conservative, developed and the backward, hence the legal transplant also will be an inevitable phenomenon. However, regardless in academic circles or in practical circles, there are always many different views and operations regarding the legal transplant. Therefore, the effect in the practice is also respectively different.When it comes to the legal transplant, undoubtedly, Japan's judicial reform has the unusual significance to our country.When we discuss legal transplant of Japan from the angle of nationality, political and economical cultural context, we may see the reasons why legal transplant of Japanese are successful. Those reasons include not only technical factors but also unique nationality of their national psychology, thinking patterns, legal culture views and economic environment, political environment and cultural environment which are formed since long ago in Japan. This has the model significance to our country's modernization of legal system.Today, our country's judicial reform has already entered into a crucial time. In the advancement of reform, paying attention to trends of world reform may make us broaden our outlook, surmount our limitation; Also may cause us to profit from other people's lesson to avoid blindness and detours. In particular when we determine the reform developmental strategy and policy, if we can overcome the impetuous mentality such as eager for quick success and immediate gain, calmly do the comparison research, it is possible to achieve the twice of the result with half the effort effect. Certainly, these , comparison researches must be objective and scientific, and shall be based on evident facts and analytic proofs. In view of this, I think it is necessary to analyze the history as well as the present situation of our country's legal transplant. Based on comparison with Japan's legal transplant from outside, a strategic conception shall be put forward on how to consummate contemporary China law transplant by making a thoroughreconsideration.This article discuss mainly on how to perfect legal transplant, how to construct this project, and hope to make legal transplant play vital role to the greatest degree so as to promote legal system construction of contemporary China from three aspects as scientific principle, the main content and the concrete ways.