A Study On Relationship Between The Domestic Resources And Law Transplantation

On local resources and legal migration,China's legal circles there are two opposing points of view,namely Local Resources and Law Transplantation Theory.Local Resources that the legal system can only be produced in the local community,and the law on transplantation is considered advanced Western legal systems have a modern legal system factors should be used.These two extreme views are understood it had misunderstood at different levels,excessive Local Resources,will actually be on via the external factors involved,the transformation of social life occurred Changes Possible negative,ignoring the rule of law Construction there are many possibilities.And excessive legal migration theory,put the law look into a self-contained,self-operation of the closed space,hopes and ability to apply the law of nations.The presence of these two views all have their own rationality,it should be reasonable to analyze their relationships,to find a suitable way of legal development.Although China has initially established a relatively complete legal system,but along with the deepening of the rule of law system construction process,some deep-rooted problems began to appear and haunt us.Transplant legal system can not be implemented effectively,social life often appears to circumvent the legal phenomenon.This suggests that the effect of the construction of the rule of law in our country is not satisfactory,and the construction of our laws are already in trouble.We might reflect from a legal perspective for this predicament transplant,due to China's legal system,a considerable part of transplant by advanced Western countries,legal systems can be built.Therefore,the operation of our legal system is in crisis,that is our legal transplant operation in crisis.Exactly how to deal with the plight of legal transplants occur?By analyzing the local resources and the legal relationship between the transplant to address the plight of legal transplants appear.Ie legal migration,give full consideration to the country's actual conditions.In our legal system construction process,it should be to make full use of local resources,especially in China's traditional legal culture.Now that we have chosen this path transplantation,it is necessary to find directions to your destination on this road,we are going to face up to the local resources and the legal relationship between the transplant,so that transplanted legal system in China soil in growing up healthily.