| Nowadays, there is no doubt that legal system modernization has become an indispensable tendency. In China, it has become a common sense and already been in practice. However , there comes a question worth discussed: which is the way to modernize legal system .Two different ways are laid before us: one to modernize the legal system is using our own native resources , the other is to transplant the law from advanced countries. With the increase of international communication, the later spontaneously turns to be the main choice. It is more important to refer to west world's law experience than to gather up our own law resources. But modernization doesn't mean the same as west world for every countries' own relativities. For this reason, law transplant is not the only way to modernize legal system and it should be based on our own resources in order to be accommodated to Chinese value, idea and etc. In fact, our own resources are so abundant and excellent that it is wrong to say that there was no civil law in accent time.For the above, author considers that to inherit from our own resources and to transplant from the west are not ambivalent but consistent and indivisible. It is to combine the two that is the only way to modernize legal system with the development of market economy.In this paper, conception law, type analyze, comparative analyze, annual analyze and citing analyze are used to discuss the issue. On the basis of introducing modernization, legal system and legal system modernization, to inherit from our own resources and to transplant from the west are taken into research so deeply that a conclusion comes true: to transplant from the west should be based on own resources. The ultimate aim of legal system modernization is to make democratic law come true. Seventeen party congress stressed that to manage state affairs should depend on laws once again. Taking research on this practical issue means great for the construction of harmony and legal society.
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