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Write a 16 pages paper on legal transplants. The establishment of a market economy and the introduction of an ‘open door’ policy in China have necessitated the need for internationalising Chinese law
Write a 16 pages paper on legal transplants. The establishment of a market economy and the introduction of an ‘open door’ policy in China have necessitated the need for internationalising Chinese law and there is an increased stress on legal assimilation or transplant, which is to be based on market-associated legal mechanisms. There is a fear in some corners that legal transplantation may end up westernising Chinese law, but to be an economic super power, there is a necessity for China to modernise its law. Much Chinese literature has stressed the need for harmonising or assimilating China’s law with that of international conventions and practices and transplanting into China western laws on market-associated mechanisms. The main objectives of economic and structural reforms and the freedom of productive forces are the main criteria for internationalisation of Chinese law6. Legal transfusions have been carried out around the globe. The rest of Asia has benefitted from the import of laws from China and many South–East Asian nations have imported Islamic laws into their legal systems. There exists corroborative evidence that East African nations have benefited from the transplantation of Indian legal rules. The latest legal developments in Mozambique and Namibia have an influence from South African laws. And today, the close relationship between Africa and China could trigger a new transmission of legal models to support business transactions7. Laws that are consistent with the pre-existing social order or with the local atmosphere are more probable to be successfully transplanted and implemented.
