论法律移植与本土资源

On Legal Transplantation And Indigenous Resources

法律移植论和本土资源说各有其合理性和局限性 ,两种理论也在互相借鉴、吸收之中。法治本质应是平民主义的 ,立法者应更多地从民众立场出发进行法律移植 ,实现中国法制现代化。

Both the theory of legal transplantation and of indigenous resources have their feasibility and limitation. The two theories are also in the stage of mutual absorption. Rule of law, in essence, should represent the common people. Legislators should start from the stance of the common people to have the legal transplantation with the ultimate purpose of realizing Chinese legal modernization.