| The phenomenon of legal transplantation has been in human history for quite a long time. But the history witnesses some failures and low effectiveness in it. Thus it is a problem which is worth focusing on to enhance the effectiveness of legal transplantation. Specifically speaking, to enhance the effectiveness of legal transplantation has these functions: firstly, it can save social costs; secondly, it can ensure the integrity of the legal system of a country; thirdly, it also can enhance people's confidence to legal transplantation.When it comes to the effectiveness of legal transplantation (or whether it is a success or failure), we have to consider about the criterion. In the author's opinion, some criteria are available: first, whether the law transplanted meets the needs of the social development of the accepting country; second, whether the law transplanted can be melt into the native law system successfully; third, whether the law transplanted has innovative and creative factors in it and plays a positive role; and fourth, the effectiveness of legal transplantation should be inspected in a long period of time.The main factors influencing the effectiveness of legal transplantation are as follows: first, economic factors. We can see such influences from the history of America's legal transplantation from English law and the development of commercial law; second, political factors. These influences can be found from Britain, France, Germany and Japan's legal transplantations in modern times; third, cultural factors. Japan's legal transplantation in modern times is an example.What should we do specifically to enhance the effectiveness of legal transplantation? The author proposes that these points ought to be paid attention to: firstly, select proper objects to transplant; secondly, take the methods of theoretical transplantation, legislative transplantation and judicial transplantation as a whole; finally, deal with the problem of localization effectively. |
