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The Study of Legal Transplant and the Legal Modernization of China

Yong Wang

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Abstract

Legal modernization could be regarded as a type of inner requirement in China legal study and legal practice. As a main paradigm of legal modernization, legal transplant are seen as a model by its achievements in institutional practice. Through 30 years of study by Chinese scholars, pros and cons become clear in this field. The main problems are the neglect of the difference between ancient and modern times, the difference between China and western world and the global structural legal philosophy.

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What this paper is about

Legal modernization could be regarded as a type of inner requirement in China legal study and legal practice. As a main paradigm of legal modernization, legal transplant are seen as a model by its achievements in institutional practice. Through 30 years of study by Chinese scholars, pros and cons become clear in this field. The main problems are the neglect of the difference between ancient and modern times, the difference between China and western world and the global structural legal philosophy.

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Available abstract

Legal modernization could be regarded as a type of inner requirement in China legal study and legal practice. As a main paradigm of legal modernization, legal transplant are seen as a model by its achievements in institutional practice. Through 30 years of study by Chinese scholars, pros and cons become clear in this field. The main problems are the neglect of the difference between ancient and modern times, the difference between China and western world and the global structural legal philosophy.

Key concepts: Modernization theory, China, Neglect, Legal practice, Legal realism, Legal formalism, Legal history, Law

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