Italian philosopher Giambattista Vico, Giambattista Vico (1688 a 1744) in his book "New Scientist (scienza Nuova) talked about academic category can be divided into theology, philosophy, legal science and sweat Seigaku. This kind of academic classification is the widespread track of Natural Science in seventeenth Century. It is a kind of new energy and practical application in the new object category. It is also a combination of Platon (Platon) and Newton (Newton). That is his academic category can be defined as including the sweat Seigaku, religion to teach parenting, language, literature, art and other energy science and judicial, political, plain near family science and other social science superstition of civilization. On the new academic concern and classification of the study, the new KANT school in nineteenth Century for further growth. Have as a neo Kantian school a member Rickert thinks (Rickert Heinrich) (1863 a 1936), common rail, the positioning is natural science, the things will not repeat the one-time individual and value approached up to stop the choice; narrative superstition was defined as civilization fan letter. According to the philosophers of this type of classification, the law seems to belong to the academic field of civilization and science, to seek the superstition of the guest of elegance and universality at the same time, but also to bear the special nature of all kinds of civilization. That means the universality and the absolute of the law. Through the process of comparative law research can be well observed this kind of energy law. Because the law is in analogy to discuss legal widely at the same time, watching the special country. In this paper, the comparative study of the two public law transplant of China and South Korea is also originated from this kind of law spirit. Well-known, the two capitals of China and South Korea is to western traditional culture as the background, and all belong to East Asian cultural circle, has many similar aspects in civilization or the administration of justice. In the pre modern society, the public law has a great influence on the East Asian countries. In traditional Korean society, making judicial justice has constituted the China imitation aging rule. But in modern times, instead of the traditional practice is gradually on the east of judicial transplantation. Such a process to the legal system of the two countries has brought great changes, especially with the two countries to recover the differences between the political system, which led to the change is more intense. In this paper, the shelter that in geographical proximity, between the two countries has been on the culture and habits similar in their respective transplantation Oriental judicial process experienced what conflict, stop the what indigenous transition, not observations and research in modern Chinese judicial making process in the floating to the common point and difference in where, also the transplantation of following transplantation and plain style of the political system of public understanding and change the conflict research. This is also the significance of this paper. This study and career has close relationship, the author will put research scale limit in meticulous observations conflict of folk law, will be limited in modern law transplantation initial research time, criminal law and folk law begins respectively in the 19th century. This article will focus on China and South Korea of Oriental judicial transplantation process, on both sides of the folk law, the two countries of oriental legal transplant and localization and its significance as intermediate research. The following results. Chapeau, indecent observes the China and South Korea in Eastern judicial transplantation process, China Oriental judicial transplantation is from the late Qing Dynasty began to take the initiative to stop, to the plain near the China times to complete the must local level, similar to the eve of the continental legal system faces. Until the founding of the people's Republic of China in the future, with Marx doctrine as the basic, the general transplantation of the land of justice, British and American judicial, traditional justice and thus constitute the growth of its own judicial. On the contrary, South Korea's transplantation of the Oriental justice is the beginning of the search for life. In the meantime South Korea already has level at the end of the feudal east the understanding degree, the legal transplant is the natural shape. The most important is South Korea's civil law is the transplantation of the public and civil law, the German civil law, the Swiss civil law, such as the most typical of the civil law system, the case law in the transplantation of Anglo American justice. South Korea's legal transplant is a reference to the various countries of the civil law in the end. Examples of multiple National People's Republic of Korea are relatively rare in the world. It is not for the purpose of strengthening the connotation of the self, but for the political power need to be in order to strengthen the political and the need of the king. This is a special place. In the traditional social background, South Korea's civil law according to law China Nianye Tang or Ming and preparation. There are a lot of similarities between the two countries. However, from the beginning of the era of national change, after the founding of the Communist Party of China, the nature of the judiciary has produced a great change. The representative is the marriage law and the real right law. Two countries because of the nature of the social system is completely different, so as to show the results of a complete disagreement. Occur in the porting process of oriental folk law in civil law and the localization of the conflict, on the eve of the body has given the full system maintains a degree of need and claims the situation and then to indecent observes the obligation, etiquette, 目录: |
