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International Journal of Frontiers in Sociology, 2022, 4(12); doi: 10.25236/IJFS.2022.041209.

On the Path of Legal Transplantation in the Era of Legal Interpretation

Author(s)

Hao Yu

Corresponding Author:
Hao Yu
Affiliation(s)

Anhui University of Finances and Economics, Bengbu, China

Abstract

The flexibility and applicability of the law have become the core standards of the modernization of the current legal system, and the legal interpretation has become an important way to govern the modernization beyond legislation. As a traditional way of law generation, legal transplantation has some problems such as conflict of perspective, confusion of definition, and lack of agreement with the above path. Based on the principle of legal unity, China's legal transplantation should follow the principle of moderate foresight and innovation, scientific principle, economic principle, and the principle of equal emphasis on ideas and systems, and use the "screening method" to conduct comparative legal research, Fully absorb the legal system beneficial to our country and pay attention to its localization research, so as to realize the rule of law and modernization of governance.

Keywords

Legal Interpretation; Legal Transplantation; Modernization of the Rule of Law

Cite This Paper

Hao Yu. On the Path of Legal Transplantation in the Era of Legal Interpretation. International Journal of Frontiers in Sociology (2022), Vol. 4, Issue 12: 47-52. https://doi.org/10.25236/IJFS.2022.041209.

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