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Modernization of Chinese Legal Legal Transplants : History , Problems and path

Author: FangBo
Tutor: ShiMaoSheng
School: Zhengzhou University
Course: Legal Theory
Keywords: Legal Transplants The modernization of the legal system
CLC: D920.0
Type: Master's thesis
Year: 2009
Downloads: 122
Quote: 0
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Abstract


Legal transplantation is a necessity for the modernization of China's legal system . After the test of the theory and practice , legal transplantation has proven to be an important way for China 's eventual realization of the modernization of the legal system . More than 100 years of legal transplantation Road , both successful experience, there are the lessons of failure . The economic impact of globalization , with the continuous progress of the modernization of China's legal system , legal transplantation is facing new challenges and problems . How to meet these challenges and solve these existing problems , this paper attempts to explore and solve tasks . The paper is divided into four parts. The first part of a brief analysis of the concept of legal transplants and legal system modernization connotation characteristics . And further legal transplantation is a necessity for the modernization of China's legal system . The second part of the article on the history of China 's modern legal migration of the sort , analyzes its legal transplant the progressive significance and historical limitations . History of legal transplantation in China is divided into four periods , followed during the late Qing legal transplants , legal transplantation in the era of the Republic , to the founding of the Third Plenary Session of the Eleventh Central Committee during the legal transplantation and the Third Plenary Session of the Eleventh Central Committee of China's laws transplant. The third part is about the modernization of China's legal system in legal transplantation Challenges and Problems . Legal Transplants facing controversy with the theory of native resources , as well as the challenges of globalization . The Legal Transplant problems, it mainly from three aspects of legal transplant, legislative transplantation and legal effect after transplantation for analysis. In the legal transplant history and problems on the basis of the previous analysis , the fourth part of this article discusses the future direction and path of the Chinese legal transplantation . This part is divided into two parts, the first is the future the basic principles of our legal transplantation . The second part of the analysis from the five aspects the the future legal transplant concrete path .

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CLC: > Political, legal > Legal > Chinese law > Theory
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