关于法律移植的内涵及形式的学理思考

A Theoretical Thought on the Implication and Form of Legal Transplant

法律移植一直是理论界关注的焦点,这里从语义和历史这两种新视角探讨了它的科学内涵,概括了同态移植、异态移植和趋同移植这三种法律移植形态以及植体强压式、受体自愿式的法律移植方式。

Legal transplant has always been a focus of the theoretical world. This paper studies its scientific implication in two new perspec tives of language meaning and history, generalizing the three forms of legal transplant: the transplant between similar kinds, the transplant between dissimilar kinds, the transplant between approximately similar kinds, and the ways of legal transplant of the imposed body transplant and the voluntary receiver transplant.