Legal Transplant Paradigm

Legal transplant is one of human progresses, cultural interaction and exchange between law a major form of China in the process of establishing a socialist legal system is also important. At present the theory of legal transplants has been increasingly multi scholars lively discussion. We started with rational eyes, to re-examine itself and around the world, in this macro context, the law is bound to happen and has happened a full range of adaptive change. Overwhelming pace of today's global integration, globalization, legal development, the coexistence of the orientations:the localization approach, supra-national law and non-state orientation. Therefore, in this global development of the law reflects the wide range of properties, both of which exist in different countries and regions, retention and development of local law, there is also coordination between the local distribution and unification, both committed to world-wide access International harmonization of commercial transactions involving foreign justice, but also for most of the "supra-national law.". This requires that we examine the direction of the law, not only need to look on the legal systems belonging to different countries and regions, laws, legal systems should also be considered between the integration and impact this paper, China's Company Law Directors of U.S. law under the theory of due diligence obligations transplantation of perspectives on the paradigm of legal issues related to transplantation, transplanted from passive to active migration, from the full copy to the dispersion of transplanted that meet the conditions of our country The concept of provisions. Contemporary Chinese legal transplant way have changed, decentralized transplant become a major legal transplant way, some law has mixed characteristics, which brought the law of consistency problem with the applicable law enforcement to put forward new challenges.