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Li An, Social Cultural Psychological Identification of Legal Transplantation

source:法学院   The author:法学院   time:2021-01-08

Abstract: Legal transplantation is often the transplantation of the rules of law, that is to say, of the articles of law. In fact, the articles of law are not sufficient for their own, because behind the rules or articles, there are more profound social psychological factors,such as cultural connotations and social identity, which are the substantially inherent factors that make the rules binding. So in the process of legal transplantation,we must rethink one question,that is, how to explore and cultivate the social and cultural soil of these transplantated rules. We can take some measures,such as a deeper level of law education, the cultivation of citizen consciousness and civic awareness of rulebinding,to form a habit to abide by the rules.It is necessary for we to construct society with rule of law, and still more,this approach is divided into the external model and the internal model,in other words, by deterrence and punishment under the guidance of power, or by the inherent beliefs and recognization from individuals. 

Key Words: Legal Transplantation; Disembedding Mechanism; Social Cultural Identification; Citizenship Consciousness; Socialpsychology


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Academics &Research

Li An, Social Cultural Psychological Identification of Legal Transplantation

法学院 · 2021-01-08

Abstract: Legal transplantation is often the transplantation of the rules of law, that is to say, of the articles of law. In fact, the articles of law are not sufficient for their own, because behind the rules or articles, there are more profound social psychological factors,such as cultural connotations and social identity, which are the substantially inherent factors that make the rules binding. So in the process of legal transplantation,we must rethink one question,that is, how to explore and cultivate the social and cultural soil of these transplantated rules. We can take some measures,such as a deeper level of law education, the cultivation of citizen consciousness and civic awareness of rulebinding,to form a habit to abide by the rules.It is necessary for we to construct society with rule of law, and still more,this approach is divided into the external model and the internal model,in other words, by deterrence and punishment under the guidance of power, or by the inherent beliefs and recognization from individuals. 

Key Words: Legal Transplantation; Disembedding Mechanism; Social Cultural Identification; Citizenship Consciousness; Socialpsychology