Journal of Chaohu University ›› 2019, Vol. 21 ›› Issue (1): 21-26.doi: 10.12152/j.issn.1672-2868.2019.01.004

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A Study on the Legal Transplantation Between Heterogeneous Legal Civilizations

There is no denying that legal transplantation plays an important role in the law development of a country or a region. Through the study of the change of the concept of China's legal transplant and the comparison of Chinese and Western cultures, it is found in the process of legal transplant between heterogeneous legal civilizations, there are questions about what kind of legal transplant concept should be set up, how the legal transplant could integrate into the target culture, and how to conduct legal transplant against the background of legal globalization. Therefore, we need to improve the current concept of pragmatic legal transplantation, so as to better establish the direction of transplantation. When the law is transplanted, the subject consciousness and reference consciousness should be set up so that the law transplantation is merged with the culture. Under the trend of globalization, in order to protect the interests of the national community, the transplantation of informal system#br# and the transplantation of formal system are carried out simultaneously, and the hegemony of great powers should be#br# suppressed.#br#   

  1. Law School, Anhui University, Hefei Anhui 230601
  • Received:2018-12-09 Online:2019-01-25 Published:2019-05-14
  • Contact: HAN Li-juan
  • About author:HAN Li-juan
  • Supported by:
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Abstract: Abstract:There is no denying that legal transplantation plays an important role in the law development of a country or a region. Through the study of the change of the concept of China's legal transplant and the comparison of Chinese and Western cultures, it is found in the process of legal transplant between heterogeneous legal civilizations, there are questions about what kind of legal transplant concept should be set up, how the legal transplant could integrate into the target culture, and how to conduct legal transplant against the background of legal globalization. Therefore, we need to improve the current concept of pragmatic legal transplantation, so as to better establish the direction of transplantation. When the law is transplanted, the subject consciousness and reference consciousness should be set up so that the law transplantation is merged with the culture. Under the trend of globalization, in order to protect the interests of the national community, the transplantation of informal system
and the transplantation of formal system are carried out simultaneously, and the hegemony of great powers should be
suppressed.

Key words: legal transplantation, concept of legal transplantation, legal culture, legal globalization

CLC Number: 

  • D920.0