From Norm Transplantation to System Construction——Re-analyze the Dilemma of the Legal Transplantation in China

The construction of rule of law in China is in dilemma and has caused much criticism and reflection on the topic of legal transplantation. The point of legal pluralism and culture pluralism holds that the law is one part of the society and legal transplantation won't succeed at all. Another theory points out that legal system has selective connectivity with other social systems, the relation of the law and other social systems is structure coupling. It is possible to make legal transplantation. The legal system of the nation which makes legal transplantation also has heavy impact on legal transplantation. The legal transplantation in China has two levels, the relation of these two levels is very complex, but the second level is more important.