论法律价值移植

Discussion of The transplant of Law

目前,不发达国家学习和引进西方法律制度时,主要侧重引进西方法制技术方面的因素,而忽视了对于法律观念的引进。而任何法律制度都是法律价值观和制度本身有机的整体,只引进机制,而不引进法律价值观,则是舍本求末。移植法律必须注意植入与之相适应的法律精神、意识和观念。从而迅速缩小不发达国家与发达国家的差距,促进不发达国家的法制现代化建设。

For the present,when undeveloped countries study and introduce western legal system into their countries,they lay emphasis on introducing the parts of western techniques of law,but they pay not enough attention to bring in legal concept,However,any legal system is an organic whole of the value concept of law and thein system. The action of bringing in mechanism merely and ignoring the value concept of law and is an inappropriate action of attending to trifles and neglecting action of attending to trifles and neglecting essentials. The transplant of law must pay attention to transplanting the legal spirit,legal ideologies and legal concept that adapt to themselves. In this way,it can shorten the difference between undeveloped countries and developed countries,and accelerate the modernization of law of undeveloped countries.