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The legal transplant Studies in the contemporary process of the rule of law in China

Author: ChenPeng
Tutor: TangYongChun
School: Heilongjiang University
Course: Legal Theory
Keywords: transplantation of law rule of law law construction
CLC: D920.0
Type: Master's thesis
Year: 2009
Downloads: 218
Quote: 0
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Abstract


The rule of Legal transplants as the rule of law in the modernization of one of the main instruments is essential in today’s way of building a socialist rule of law. In this paper, the basic theory of legal transplants carding, discusses the concept of legal transplants, the basic form and the historical evolution of the rule of law for the construction of contemporary Chinese law and laid a theoretical foundation for transplantation. At the same time, in modern China since the transplant had a history of legal considerations, reveals the history of legal transplants on the rule of law of today’s revelation. On this basis, the Chinese building the rule of law from the country of departure the historical mission, pointing out that the objective reasons of legal transplantation, an analysis of the rule of law at this stage the basic requirements and factors of disharmony as well as legal transplants face the reality of issues, on improving the rule of law at this stage the construction of the legal questions raised a number of the concept of transplantation. Through relevant research, this paper attempts to the contemporary Chinese legal transplantation and provide a theoretical basis for the rule of law out of its construction.

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