中国百年来的法律移植立场肇因于“开眼看世界”之初由国力差距衍生的文化自卑,但是当我们以婚姻制度为例检视传统法律时,发现它具有深刻的制度合理性。这种制度合理性可以并且应该成为传统法律进行现代性转换的基础,即法律的纵向培育。 China’s legal portability for a hundred years has its origin in cultural inferiority derived from the gap between its national strengths at the beginning of its “open-eyed world.” However, when we examine the traditional law by taking the marriage system as an example, we find it has profound institutional rationality. The rationality of such a system can and should be the basis for the modern transformation of traditional law, that is, the vertical cultivation of law.