论文部分内容阅读
法律移植是不同文明之间的法律制度互相借鉴与取舍的过程.只要此国家与民族和彼国家与民族发生了关系(这种关系无论是表现为友好交流还是武力征服),都将会造成文化上的冲突与融合的过程。自有国家以来,几乎任何形式的法律文化都避免不了法律之间的移植问题,因为其大前提是国家民族的文化有互动的关系。历史发展到今天(除极个别与世隔绝的部落之外),几乎无法想象存有不
Transplantation of law is a process of mutual referential use and choice between legal systems of different civilizations, as long as the country has relations with the nation and with other nations and peoples (whether the relationship manifests itself in friendly exchanges or the conquest of force) On the conflict and integration process. Since its own country, almost any form of legal culture can not avoid the issue of transplanting laws because its premise is that the nationalities’ cultures have an interactive relationship. History has developed to this day (except for some very isolated tribes), almost unimaginable