论文部分内容阅读
近些年来,法律移植成为一个全球现象,关于法律移植的相关研究,也开始由最初的可否移植朝着有效移植方向发展,移植他国的法律被很多人视为一种高效、节约成本的有效途径。而作为一个法律后起之国,我国近些年来法治建设也在逐步推进,关于法律移植工作也取得一定的成效。但就近些年法律移植的评价而言,我国法律移植有效性并不理想,很多移植法律无法适应我国传统文化,甚至引发了各种冲突和矛盾,不但无法节约成本,还带来了严重的资源浪费,不利于国家的法治建设与发展。因此,进一步加强法律移植有效性的研究很有必要。
In recent years, legal transplantation has become a global phenomenon. Research on legal transplantation has also started to move from initial transplantability to effective transplantation. The law of transplantation in other countries is regarded by many as an efficient and cost-effective alternative . As a country that is a legal avenues, the construction of the rule of law in our country has been progressively promoted in recent years, and certain achievements have also been made in the field of legal transplantation. However, as far as the evaluation of legal transplantation in recent years is concerned, the effectiveness of legal transplantation in our country is not ideal. Many transplantation laws can not adapt to our traditional culture and even lead to various conflicts and contradictions. It not only can not save costs but also brings serious resources Waste, is not conducive to the construction and development of the country’s rule of law. Therefore, further research on the effectiveness of legal transplantation is necessary.