Research On The China's Current Legal Transplantation Dilemma

During the past thirty years, China issued varieties of rules. So many of new laws are often inspired by foreign experiences, which was also called legal transplantation of law .Despite widespread academic debates whether legal transplants are possible at all, they are common practice. However, the degree to which new laws are inspired by foreign examples can vary.It is true that the action of legal transplantation contribute to Chinese current law system. But we have to admit that so many imported laws are not suited for a certain local context and have no or no enough transplant effect. That is to say legal transplantation possibly enter into dilemma. The subject of legal transplantation expect to the imported laws same effects happened in originated countries, but the result would be that it could be not effective or not satisfy need of the subject in spite of the transplantation methods and the local culture.Although there are so many reasons for such dilemma, legal transplantation's object, subject, and the ways of transplantation all play an important role for the formation .The varieties of the subject's need, the conflict between law's function and culture, the legal transplantation's ways, methods all make legal transplantation into the dilemma.To seek after a way out legal transplantation dilemma, the rules maker would be successful in the direction of communicative rationality...