A Study On The Transplantation Of Law For The Modernization Of Legal System

The transplantation of law is one of extremely important approach for the development of the legal institutions of the world. Several centuries ago, It has caused concerns among parallel jurists already. With the advancement of society, by its convenience and efficiency, the transplantation of law is widely used by the most law backwardness countries to develop their law. The transplantation of law is an important method for the construction of law and an important way for the modernization of the socialist legal system. It plays a vital role in balancing society and the legal development between different countries and speeding up the step of the modernization of legal system as well as construction of legal relationship of international market economy. Presently, how does well the modernization of the legal system, causes it not only to become the safeguard which the society develops, moreover complied with the tidal current of legal internationalization, with connection of international society is an important task which the transplantation of law of our country faces.This article is divided into three parts: Introduction, content and concluding remarks. The instruction tells us the transplantation of law is an efficient way for the modernization of law and learning advancing culture. The content is divided into four chapters. Chapter 1 introduces the basic theory of the transplantation of law from the aspects of the content of theory, the origin of theory and the origin of the history. Chapter 2 compares the transplantation of law between China and Japan in modern time from the aspects of politics, economy and culture through which tells us the reasons of the different development between China and Japan. Chapter3 introduces the relationship between the transplantation of law and the modernization of legal system. Chapter 4 points some shortcomings of the transplantation of law in China today and we should comply with the principles, such as the principle of defending state sovereignty with the transplantation of law; the principle of combining Chinese reality with the transplantation of law and the principle of moderating for the transplantation of law. On the basis, we should take the content seriously in aspects of value, expression, and practice. The concluding remarks make summary for this article and hope that the transplantation of law in our country goes better in future.I want to introduce the importance of the transplantation of law for the modernization of legal system in China through the research of it. Meanwhile, I wish to do some useful work for the construction of legal system in China.