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世界三大宗教之一的佛教,起源于印度,在其传播的过程中,佛教和各种文明进行对话,也是佛教在各个地方本土化的一个过程。同样,中国法律近几十年的发展,也是一个西学东渐的过程,其中有很多水土不服的法律移植方面的困境。本文拟将二者进行比较,以求缓和甚至消除法律移植过程中所带来的诸种困境。
Buddhism, one of the three major religions in the world, originated in India. During its dissemination, Buddhism and various civilizations conducted dialogues. Buddhism is also a process of localizing Buddhism in various places. Similarly, the development of Chinese law in recent decades is also a process of gradual progress of western learning. Among them, there are many dilemmas in the legal transplantation of land and water. This article intends to compare the two in order to ease or even eliminate the difficulties brought about by the legal transplantation.