On Legal Transplants And Legal System Construction In Contemporary China

Most of the understanding about the legal transplant used often is different from each other. The dissertation tries to analyse the conception from two angles of view: the word's meaning and the history, and then points out its three morphologies and two patterns. Facing the new social situation of contemporary China, the legal transplant is the objective and practical choice, is of necessity adapting to the need of developing market economy, reforming political system, opening to the outside world, improving human rights, realizing modernization of law. At the same time, it lies in the corresponding humanistic circumstance, such as the economic circumstance, the legal circumstance, the cultural circumstance and so on. Since the modern times, the legal transplant that is a usual phenomenon in the legal culture runs through every historical stage. Among the legal reform of the Qing Dynasty, the Chinese People's Democratic Government and the socialist China, every stage marked with the legal transplant is not smooth. The mute history gives us too much valuable enlightening guidance, and the reality takes warning from the history on one side and appears some projecting problems on the other side. So we can see that the legal transplant is really a difficult engineering. To bring the important role of the legal transplant into full play and promote the construction of law of contemporary China, the dissertation expounds how to make the legal transplant perfect and how to construct the engineering well on scientific principle, main content and particular way.