The Mode And Measures Of Transplantation Of Law In The Background Of Globalization

Transplantation of law is the main way to legal modernization, and it has some characteristics such as low cost and high efficiency, and it can promote a country has modern law in short time. In the background of globalization, transplantation of law it self develops, and today we experience the time of international legislation, so the steps of legal homogeneousness is accelerated. Though the theory legal globalization and legal homogeneousness is controversial in China, the fact that transplantation of law is of great importance to the legal construction is widely admitted. This dissertation is composed of five parts as below: the first part is brief introduction. This part introduces the background and the main topic of this dissertation, it's the start of this paper. The second part is the legal homogeneousness in the background of globalization. This part firstly introduces what is globalization and legal homogeneousness, then analyzes the reason of legal homogeneousness deeply. The third part is the modes of transplantation of law, and maintains that there are two main modes of transplantation—colony mode and autonomy mode. Hong Kong can be classified into the former, and Japan can be classified into the later. The two modes have many different points, but they have more common points. The fourth part is the practice of China's transplantation of law. This part introduces the practice of legal transplantation of our country and points out that the main issue in transplantation of law is the relationship between legal globalization and legal localization. The fifth part is the measures to the transplantation of law. The transplantation mode today in China is autonomy mode, so we should not transplant other country's intact law, as instead, we should lay some emphasis on legal localization.