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法律移植实践中比比皆是,在理论上却众说纷纭,莫衷一是。在20世纪70年代,英美学者曾就这一问题展开了激烈的争论;当时中国正处于文革后期,法学研究尚未大规模展开,自然对此未做任何回应。进入80年代以后,随着“民主与法制”的呼声越来越高,建设社会主义法制成为一项迫切任务,法律移植也因此被提上了日程。学者们围绕这一问题,
Law transplantation abounds in practice, but there are different opinions in theory. In the 1970s, Anglo-American scholars fiercely debated this issue. At that time, China was in the latter stages of the Cultural Revolution and the study of law has not yet begun on a large scale. Naturally, no response has been made to this issue. Since the 1980s, as the voice of “democracy and the rule of law” has become louder and louder, the construction of a socialist legal system has become an urgent task and legal transplantation has therefore been put on the agenda. Scholars around this issue,