近代中国法律转型问题浅论

On the Problems of Transformation of Modern Chinese Law

近代中国法律转型的发展道路是外注式而非内发式的发展,国际法在其中起到了打开中国古代法体系缺口的作用。法律转型必须适应社会经济的变化,法的引入最主要的是法的体系和精神理念的引入,法律转型中要正确处理好法的移植与继承的关系。

The development of the modem Chinese law＇s transformation is the type of exterior input but not the type of interior development, and international law has played the role of the beginning of study China＇s ancient system among them.The article has showed economy and it emphasized the introduction of the that the transition of law must adapt to the change of social law is mainly the introduction of legal system and spiritual idea, and we should deal well with the relationship between transplantation of law and inherits of law in the transition of law.