The Analysis And Introspect Of China Transplanting Soviet Legality

Legal transplant is very important in china's modernization of law,from the end of Qing Dynasty,the modernization of law in China is developed by legal transplant,but the practice of legal transplant is not so smooth in China's history,especially in the period when China was founded,we transplanted Soviet legality overally and met great frustration.This paper describes the history through the clue of legal transplant,elaborate the reason that China transplant Soviet legality,the fruit we got thant time,evaluate the positive and negative function,and introspect the history objectively,in the basis the writer combine the theories of legal transplant to search the regularity of legal transplanted seek the experiences and lessons of construct the socialist state ruled by law from histoty,for the purpose:: "to explain history by law, to explain law by history" .The paper contains four chapters.Chapter One the writer discusses the theory of legal transplant and China's experience ;Chapter Two the writer analyse the reason that china transplant Soviet legality from several angles ;Chapter Three the writer describes the fruits we got through transplanting Soviet legality,Chapter Four the writer evaluates the positive and negative function,and introspects the history objectively and analyses why the socialist state ruled by law has not be set up.