司法移植虽然不及对立法移植讨论的深入广泛,但由于它通过一个个判例产生影响,往往是渐进的、不断自我完善的,因而具备独特的优势。本文以正当程序原则为例,讨论“一个外国法上的传说”是怎样逐步成为法院适用的法律,指出实现司法移植所要具备的条件和与立法移植相比所具备的优点。 Although less well than the discussion of legislative transplantation, judicial transplants have their unique advantages because they are progressive and self-improving through their impact on legal precedents. This article takes the principle of due process as an example and discusses how “the legends of a foreign law” gradually becomes the law applicable to the court, and points out the conditions for judicial transplanting and the advantages compared with the transplantation of legislation.