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Research on Legal Transplantation Discourse

Author: LiXiaoFei
Tutor: WeiDunYou
School: Guangxi University
Course: Legal Theory
Keywords: legal transplantation Legal reference Modernization Local resources Legal culture
CLC: D90-055
Type: Master's thesis
Year: 2013
Downloads: 36
Quote: 0
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Abstract


In the background of globalization, The modernization of legal system become a pursuit of the goal. The transplantation of law is the phenomenon or legal system of a country or a region migrate to another country or a region. in recent years. The transplantation of law is becoming more and more potular in academic. The transplantation of law is a rule design and system construction, And in our legal theory it shown us the expression problem of constructing rules design and system theory, it is the perspective how we study the problem of legal transplantation in academic, The theoretical expression is a discourse, it is a Legal discourse expressionThis paper uses the type of research method, Classified legal transplantation into four kinds of discourse expression:modernization of legal transplantation, cultural discourse of legal transplantation, the theory of native resources of legal transplant and legal reconstruction theory.I analysis them one by one. This paper attempts to present a picture of the legal transplant theory. At the end of the four kinds of legal transplantation discourse analysis. points out that the four kinds of legal transplantation facing the same problem, it is a Reconstruction of contemporary Chinese Society and promote the reconstruction of contemporary Chinese social order with a subjective attitude.

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CLC: > Political, legal > Legal > Theory of law (Law) > Law and other disciplines > Forensic Linguistics
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