Rethinking On The Legal Transplantation Research

The thesis rethinks the legal transplantation research, considering the problems of the existing legal transplantation research and specific legal transplantation practice, based on a more comprehensive study on the existing legal transplantation research. The first part of the thesis cards and rethinks the six basic theories of legal transplantation research, i.e. the concept of legal transplantation, the feasibility of legal transplantation, the nature of legal transplantation, the objects of legal transplantation, the naturalization of transplanted laws and the effects of legal transplantation. On the basis of the first part, the second part revealed the unawareness of the theoretic precondition of legal transplantation research, i.e. the traditional law and the modern law, the foreign resources and the native resources, the state and the society, the elite legal culture and the mass legal culture, shaded by the existing legal transplantation research, and further more, analyzes and rethinks them under the legal transplantation research context.The more systematic reconsideration of the existing legal transplantation research is the precondition of the carding and rethinking of the legal transplantation research, and reveal the more deep-seated problems shaded by the existing legal transplantation. Before launching this study, we should first clear the concept of legal transplantation which is a prerequisite for research. After the consideration about the general comprehension of legal transplantation and the related terms under the context of legal transplantation, this thesis gives a personalized understanding: legal transplantation is actually a metaphor, it refers to an engineering system that is a particular actor...