Failure and Hope: Insights into Legal Transplanting in the Case of Rise and Fall of Cabinet System in the Early Republic of China
Zhen Su-yi
Abstract
Zhen Su-yi
Abstract
Though there are political and historical causes for the failure of cabinet system in the early Repubilc of China, but analysis from perspective of legal culture showes that, failure of this legal transplanting was resulted mainly from the conflict between two different legal cultures. The failure seems inevitable in consideration of backward traditional legal conceptions among most people, but pioneers' efforts in transplanting modern legal system should be positively valued梑ecause it represents inexorable trend of the development of rule of law.
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Though there are political and historical causes for the failure of cabinet system in the early Repubilc of China, but analysis from perspective of legal culture showes that, failure of this legal transplanting was resulted mainly from the conflict between two different legal cultures. The failure seems inevitable in consideration of backward traditional legal conceptions among most people, but pioneers' efforts in transplanting modern legal system should be positively valued梑ecause it represents inexorable trend of the development of rule of law.
Key concepts: Cabinet (room), China, Transplanting, Law, Legal culture, Political science, Politics, History