论中国的法律移植问题

自改革开放以来 ,中国法律制度的发展可谓日趋完善。在这个发展过程中 ,法律移植起到了不可忽视的促进作用。在法律移植过程中应注意国外法与本国法之间的同构性和兼容性 ,做到有选择地移植 ;移植过来的法律还要面临一个“本土化”的过程 ;移植法律的同时必须注意植入与之相适应的法律精神、意识和观念。从而迅速缩小与发达国家的差距 ,促进我国法制的现代化。

On China''''s Law Transplant

With the reform and the open policy, the development of China′s law system is being perfected clay by day?During this development,law transplant is playing an important role. Meanwhile,however, the two problems--how to handle the law transplant properly and how to develop China′s law system in the nhole global sense, have become subjects followed with great interest by not only our country′s law field but all circles?During the law transplant, we should pay attention to the sameness in structure and compatibility between foreign law and native law and also transplant selectively. In addition, the transplanted law will fale a process of going native. In the meantime,corresponding law spirits,senses and concepts shonld also be transplanteel. Thus, we could shorten the distanle between our country and the developed ones and accelerate the modernization of our law system.