论法律继承

一个民族的存在必以其历史为基础。一个民族的法律只有与该民族的历史相沿承、与其本土资源相适应才能存活。法律现代化的口号喊得再高、再响,使法律与本土资源相适应终是其根本途径。在我国,法律移植轰轰烈烈地进行了近百年,结果并不尽如人意,最终还是不得不把目光投向对历史的继承上来。本文以重新探索法律现代化路径之选择,检讨法律移植之得失,审视历史沿续的不可避免为出发点,以社会的法律和社会的文化之一致融合为落脚点展开探讨。

On the Legal Succession

The existence of a nation must take its history as the foundation.Only a nation's laws are carried on along its history and adapt to the nation's native resources can the nation live on.Even the slogans of the modernization of laws are cried loudly,the basic way out to laws is to make the laws adapt to the nation's native resources.In our country,the way to the modernization of laws is much difficult and cannot be predicted.Legal transplantation has been vigorously carried out for more than one hundred years,but the result is quite unsatisfied;finally,we have to pay attention to the historic succession.This note discusses with regard to the gain and loss of the legal transplantation by re-exploration of the choice of ways to legal modernization;taking the examination of the unavoidable historic succession as the starting point and the integration of combining the social laws with the social culture as the end..