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自改革开放以来,中国法律制度建设日趋完善。在这个发展过程中,法律移植起到了不可忽视的促进作用。本文对法律移植的意义、实质等进行探讨,在此基础上提出:在法律移植过程中应注意国外法与本国法之间的同构性和兼容性,做到有选择地移植;移植过来的法律还要面临一个“本土化”的过程;移植法律的同时必须注意植入与之相适应的法律精神、意识和观念。从而迅速缩小与发达国家的差距,促进我国法制的现代化。
Since the reform and opening up, China’s legal system has been perfected. In this process of development, legal transplantation has played an important role in promoting. This article discusses the meaning and essence of legal transplantation. Based on this, it is proposed that we should pay attention to the isomorphism and compatibility between foreign law and national law in the process of legal transplantation so that we can transplant selectively. The law also faces a “localization” process. At the same time of transplanting the law, we must pay attention to implanting the legal spirit, consciousness and concept that are compatible with it. Thus rapidly narrowing the gap with developed countries and promoting the modernization of our legal system.