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我国法制的发展,其过程总结起来在于吸取外国的先进思想、制度以及从传统的思想观念中取其精华,去其糟粕两个方面。我国的法律移植自晚清开始就一直居于主导地位,这种方式有利于充分学习,借鉴先进国家的法治经验,大大缩短法制现代化的进程。然而,在其迅速构建中国法律体系的同时,却忽视了法律的社会效果。法律的制定并不等于实施,现实会将那些“水土不服”的制定法束之高阁。法律的本质是一种社会管理的工具,为了实现一定的社会目标,其本身不具有任何的目的和价值意义,正确地认识法律,了解法制发展中立法思想的变化,才能更好地认识我国法律的内涵。
The development of our country’s legal system, the process is summed up in absorbing advanced foreign ideas and systems as well as from the traditional concept of the best of its essence, to its dross in two aspects. The legal transplantation in our country has been dominant since the late Qing Dynasty. This kind of method is conducive to fully studying and drawing lessons from the experience of rule of law in advanced countries, and greatly shortening the process of legal modernization. However, at the same time that it rapidly built up the Chinese legal system, it ignored the social effects of law. Law does not mean that the formulation of the implementation, the reality will be those “acclimatized” the development of the law shelved. The essence of law is a tool of social management. In order to achieve certain social goals, it does not have any purpose and value meaning in itself. Only by correctly understanding the law and understanding the changes of the legislative thinking in the legal system development can we understand our law better Connotation.