The New Characteristics Of Legal Transplantation In This New Background

Legal transplantation has existed as a phenomenon for many years. However, the research on legal transplantation began from the modern times. Most of the researches focus on the concept, probability and necessity. They are valuable for further research. However, in the author's view, in the background of globalization, there are some key factors of the research on legal transplantation that a nation should consider, how to face legal globalization, and do well in legal transplantation. So, we should join legal globalization and legal transplantation together to do our research, take legal globalization as the new background, and think the new characteristics of legal transplantation in this new background.The first chapter is about legal globalization. The intention is to clarify legal globalization is the new background of the research on legal transplantation. Firstly, the author discusses two ideas, which are affirmation and denial on legal globalization. Than, clarifying that"legal globalization"is a fact, a nation should participate actively, not evade. Secondly, the author defines real meaning of legal globalization in order to overcome misunderstandings. Thirdly, analyzing how legal globalization formed. The in-depth development of economic globalization, the evolution of international political environment, and the existence of common threat that mankind are facing are factors contributing to the formation.The second chapter is about some basic topics on legal transplantation. Firstly, analyzing on the origin of the word,"legal transplantation"; clarifying the word is an analogy and the best word to describe the phenomenon. Secondly, the author discusses the necessity and probability of legal transplantation separately. The necessity means"should", and the probability means"can be come true". So, we can ensure that legal transplantation is both necessary and possible; the legal transplantation can be practiced.The third chapter is the focal point of the paper. On the basis of the former chapters, this chapter discusses and demonstrates the new characteristics of legal transplantation in this new background of legal globalization. Firstly, this new background gives us a new point of view on legal transplantation. Secondly, legal transplantation becomes an important approach for a nation's legal construction to take part in legal globalization. This proves the necessity of legal transplantation on the new background again. Thirdly, the view of denying the phenomenon of legal transplantation is challenged more. The existence of"legal globalization"is an affirmation of the probability of legal transplantation. Fourthly, from the content perspective, the laws in economic field become the leading content. Fifthly, from the view of the development trend, legal transplantation shows transformation from unilateral (which means in the transplantation one only input but not output almost) to bidirectional.The last chapter stresses that we should face up to the phenomenon of legal globalization, deal with legal transplantation under the trend of legal globalization correctly, and more concerned about how to transplant under that background of legal globalization correctly. We do not need to dwell on the discussion of necessity and possibility. The issue of legal transplantation is more important to practice. It needs innovating ideas, emancipating the mind, practicing boldly, and be promoted scientifically.