The rise of comparative law in contemporary China stems from the mission of serving legisla-tive activities.The research paradigm of comparative law has undergone a process of transformation along with the development of the Socialist Legal System with Chinese Characteristics.The"explicit compara-tive law",which takes the introduction of and comparison among foreign laws as its theme,has gradual-ly declined,while the"implicit comparative law",which explores domestic problems by using foreign laws as arguments,has gradually become the mainstream.The selection of objects of comparison is in-creasingly constrained by the domestic legal system and the similarity of legal families has become a de-cisive factor in the selection.These two trends have profound implications.Since legal issues are always deeply embedded in local society,their social context becomes a constraining factor of implicit compara-tive law research.The social context and the domestic legal system not only shape the objectives of com-parative legal research but also limit the selection of comparison objects in foreign laws.They also affect the approach to comparison and the methods of analyzing foreign law materials.These elements collec-tively constitute the research paradigm of implicit comparative law with Chinese characteristics,which contains a positive signal of the return of subjective consciousness of China.The return of subjective consciousness is a key step in building independent jurisprudential knowledge system and is also general-ly in line with the development process of the rule of law in China.
comparative lawlegal transplantlegal familiesparadigm transformationindependent jurisprudential knowledge system
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