On Transplantation Of Law In The Construction Of The Rule Of Law In Contemporary China

The transplantation of law is one of important main methods for law modernization, and the important way for construction of rule of law in socialism government. By its convenience and the efficiency, the transplantation of law is widely used by the most law backwardness country government to develop their law. It could balance different country between society and the legal development, speeds up the government by law modernization step as well as construct the internationalization the market economy legal relationship to have the vital role. Presently, how does well the government by law construction in the present stage, causes the government by law not only to become the safeguard which the society develops, moreover causes the government by law construction and international connects rails, complied with the legal internationalization the tidal current, is the important task which the legal transplant faces. This article through to legal transplant elementary theory combing, elaborated the legal transplant necessity and the feasibility, has overcome the theory foundation for the present stage government by law construction in legal transplant. Since at the same time, has carried on the historical consideration to our country near modern legal transplant, has promulgated in the history the legal transplant the significance as well as the existence limitation which progresses to the society, provides the model to the now legal transplant. In this foundation, constructs the country under the rule of law this historic task from our country the reality to embark, pointed out the legal transplant and the government by law construction relations, have analyzed the realistic question which the present stage government by law construction goal as well as the legal transplant faces, proposes certain ponders to in the present stage government by law construction legal transplant question. This article attempts through the related research, provides the theory basis for the present stage legal transplant, says it in the government by law construction function. Simultaneously also expected can provide the feasible means for the now government by law construction, the open government by law construction field of vision, plays the role well which should have.