Legal Transplantation In The Modernization Of China's Legal System: History, Problems And Path

Legal transplantation is an essential and important part of China's legal modernization which has been proved by theory and practice. After more than one hundred years' legal transplantation, we can gain experiences from success and learn lessons from failure. As the impact of economic globalization, with the promotion of China's legal modernization, legal transplantation in China is facing new challenges and problems. How to cope with these challenges and problems is the key issue the writer is trying to find approaches for in the article.The article is divided into four parts. Part one briefly analyzes the concept of legal transplantation and the nature of China's legal modernization. And it is also proved that legal transplantation is an essential part of China's legal transplantation. Part two is about the history of legal transplantation in China. The progressive significance and historical limitation are specifically analyzed. The historic period of legal transplantation is separated into four parts, which are late Qing Dynasty, the Republic of China, the time from the founding of the People's Republic of China to the Third Plenary Session of the 11th Central Committee; and the time after the Third Plenary Session of the 11th Central Committee. Part three is about the challenges and problems China's legal modernization is facing. There are conflicts between the viewpoints of legal transplantation and native resources. And the challenges are global. Referring the problems legal transplantation is facing, the writer discusses them from three perspectives which are theoretical transplantation, legislation transplantation and the effect of legal transplantation. Based on the above three parts, parts four is about the direction China's legal transplantation may be go towards and the approaches for solving the problems legal transplantation has had. There are two small parts in parts four. One is about the basic principles of China's legal transplantation in future. The specific approaches to problems of China's legal transplantation are specifically discussed in the other part.