Study On The Localization Of Legal Transplantation

Although legal transplantation has happened since the ancient times, people research the phenomenon systematically in recent decades. It is easy to transplant the foreign advanced legal, however it is difficult to realize the localization of the transplanted law. The localization of the transplanted law is a complicated and creative system project. The main body of the legal system in our country, including the legal system, the legal concept, the legal principle, the legal theory and so on, most of which are transplanted from the western countries. On the one hand, the law is a kind of manifestation of culture, on the other hand is also the reflect of culture, and our culture is very different with the culture of the western countries as the home country of the transplanted law. In addition, exchanges between countries are becoming increasingly frequent and the connections among them is more and more close. To transplant the advanced legal of other countries is no doubt the choice that we can not avoid in order to improve the modern legal system of our country. Therefore, it is very important to study the legal transplantation localization for successfully implementing the legal transplantation, and then for the legal construction of our country.This article is divided into four parts to discuss the localization of legal transplantation.The first part, introduction. The article introduce a question, reviews systematically representative point of view of the previous on legal transplantation and localization, and introduce research content and research approach of the thesis in brief.The second part, some basic theory on localization of legal transplantation. This part discusses the meaning of localization and then the necessity and significance of localization from four aspects, namely:localization is the key to the success of the law transplantation; localization is the baton of the smooth progress of the legal transplantation; localization is the most important criterion to judge the success of the law transplantation; localization is an effective way to deepen the understanding of the local problems.The third part, the principle of the localization of legal transplantation. This part discusses how to implement the localization of legal transplantation, and puts forward four major principles of the localization of legal transplantation, namely:comprehensive principle, local principle, advanced principle, long-term principle.The fourth part, the enlightenment of the theory of legal transplantation localization to the legal system construction of our country. The part discusses the important enlightenments of the law transplantation localization theory from the following three aspects:the notion to implement legal transplant localization, the specific implementation methods of legal transplant localization, the problems that we should notice in the process of law transplantation localization.The conclusion is that, nowadays, the relationship between countries is increasingly close with fast development of economy and society, legal transplantation is an important way to build and perfect the legal system of our country. Localization has the very vital significance to legal transplantation and then to build and perfect our country's legal system.