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进行法律移植,实现法制现代化,这在我国法学界已达成共识。但从我国的实践看,移植外国法在我国社会生活中效用非常有限,原因在于我们忽视法律移植的技术性,在法律移植中存在着重形式轻内容、重制定法轻法律理念的问题。在完善社会主义法律体系过程中,要提高法律移植的效用,必须注意几方面的问题:
Carrying out the legal transplantation and realizing the modernization of the legal system has reached a consensus in the legal science community in our country. However, from the practice of our country, transplanting foreign law has very limited utility in the social life of our country. The reason is that we neglect the technicality of legal transplanting and there is a problem of legal concept of light form and weight in law transplanting. In the process of perfecting the socialist legal system, we must pay attention to several issues in order to enhance the effectiveness of legal transplantation: