Research On The Problems Of Legal Adaption

From the perspective of national-state ,the system of legal adaption have successfully resolved the conflicts between the statute law and ethnical customary law and it has successfully resolved ethical issues in the course of the national-state building . However, with the advance of the process of globalization, some new problems have been brought by globalization during the national-state building. On the one hand,it has brought the global trend of convergence, this convergence is reflected not only at the global level, but also reflected in the national-state. On the other hand, globalization has also brought a wide variety of trend and debris. In this context, the national-states building needs unify the law in order to adapt to the trend of globalization. But the diversity,the inherent property of globalization has brought about the diversity of legal cultures. On the one hand, globalization requires people of all ethnic groups within countries with strong national identity in order to enhance cohesion; on the other hand ,national-state is faced with the danger of secession made by national separatism wave brought by the globalization .Is the system of legal adaption still effective to the new problems brought about by globalization? If it is effective, the extent to which it is effectively? If invalid, it is also the extent to which limitations exist? Facing new problems brought about by globalization,what on earth shall we deal with ? around these issues,I inspected and demonstrated the system of legal adaption. I believe that the system of legal adaption with the national-state perspective does not have validity to solve new problems brought about by globalization. We must, therefore, from a global perspective, to re-evaluate the system of legal adaption ,look for its limitations, to explore the means of perfect it.Outside the Introduction and Conclusion ,the full text is divided into six chapters. In the first chapter ,I explained the ontology of the legal adaption. It has brought confusion that scholars use the term legal adaption expressed different phenomenon. Therefore, I sort out the definitions of the legal adaption of the scholars, on the basis of this I limited the concept of legal adaption in order to qualify as a basis for discussion in this article. Then,I pointed out the property, characteristics and elements of legal adaption, so that we have a clear knowledge about the system of legal adaption.In the second chapter , I described the basic rationality of the system of legal adaption. Through analyzing basic rationality of the system of legal adaption,I analyzed the reason that the system of legal adaption exists,and I analyzed the style of the system of legal adaption exist . In addition , I analyzed the functions and role about system of legal adaption.In the third chapter , from the perspective of ought to be , I analyzed the normalization of the system of legal adaption. I analyzed the principles , ways and means should be followed by the legal adaption.In the fourth chapter , by looking at the practice of legal adaption at home and abroad, I demonstrated that legal modification is an effective means to solve the conflicts between the unity of statute law and diversity of Law,as well as the conflicts between ethnic identification and national identification.In the fifth chapter ,I classified and summarized the problems in the course of legal adaption practice,and further analyzed the possible reasons for these problems. Finally I put forward a sound of specific measures to perfect it.In the sixth chapter, I discussed the development of legal adaption system in the context of globalization. In this article, I pointed out that globalization has paradox, complexity, which has brought new problems to national-state building in our country. Reflected in these very difficult questions, globalization has increased the complexity of ethnic problems we encountered in the process of national-state construction,and it brought about new challenges to the existing constitutional system of our country . Faced with this kind of question ,is the system of legal adaption valid?I analyzed the validity of legal adaption system to these new questions. On that base ,I proposed the direction of development of legal adaption system in the future.