"Do not forget、Absorb foreign、Face -oriented Future "is the request made by General Secretary Xi Jinping on the majority of philosophy and social science workers in the" May 17 "speech。Where，"Absorbing Foreign" is about how to treat the problem of outside knowledge resources。The General Office of the Central Committee of the Communist Party of China、The "Opinions on Strengthening Law Education and Law Theoretical Studies" issued by the General Office of the State Council，"Strengthen the study of foreign law and comparative law，Reasonable reference to the beneficial experience of foreign abroad，Service Promote the practice of comprehensively governing the country in accordance with the law "。In legal research，Comparative Law Naturally assumes the mission of legal knowledge directly to face -to -face，Comparison of the new era not only pays attention to the legal order between different countries or regions in the world，It should also be compared with different rule of law civilizations, the culture of rule of law, and its exchanges，On the basis of in -depth research and fully understanding "Others"，Only to construct a true autonomous knowledge system。

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"Warring States Policy · Zeng Zixu Preface" contains: "，So suitable changes，No need to do your best。"" "" All countries according to their national conditions、The corresponding laws to formulate and implement the corresponding laws are common。Specific historical tradition、Natural environment and social environment generate specific ethnicity，Then form a unique national bet365 best casino games culture。Different national culture determines the diversity of rule of law culture，This has also produced a variety of legal forms、Multi -level legal specifications and legal systems。

According to the general theory of Marxism，Human society in different regions basically experiences primitive society、slave society、Feudal Society、Capitalist society、Socialist society and other development stages，There is a certain commonality in the same development stage，But each has its own characteristics。The development of the law has generally gone through the use of clan habits to customary law、The development process from the practice to the text method。During the social period of slavery，The law is based on unwritten customary laws，Including habit、Moral、Religious specifications, etc.，But there are differences in different society。In the Middle Ages，Western European existence of the Germanic method、Roman Law、Church Law、Urban Law、Laws such as business law，each play a different role and function。At the same time，In France、Germany、Spain and other countries，Even between different regions of the same country，There are also great differences in legal forms。For example，Southern France is mainly suitable for Roman law，And the north is mainly applicable to local customs，Only Roman method is supplemented。Since modern times，The legal form and legal system of various nations are more distinctive。For example，Although the British law is also subject to Roman law、Germanic method、Church Law and other influences，But based on its historical tradition and national characteristics，Walking out a road that is different from the European countries，and eventually form a "British and American bet365 best casino games Law Department" with the origin of the jurisprudence as the main legal origin。

So，Comparative studies of rule of law culture need to penetrate different legal systems and legal phenomena，Explore the historical tradition and cultural foundation behind it，and national spirit、national consciousness and national emotion。Must grasp different historical periods、Different countries' understanding and cognition of "rule of law"，Based on this, summarize the concept of the rule of law、The spirit of the rule of law。

　　Realize the exchange and mutual learning of different civilizations of the rule of law 

Zhong Shuhe said in the new preface of the "Going to the World Series"，"Looking at human history，Going to the world ... It is a historical phenomenon that constantly appears in the process of all mankind and synchronize with it "。In the process of going to the world，Basic elements of the original civilization absorb acceptance of some new elements and re -combine，shaped a new form of civilization or civilization。For example，Ancient Greek and Roman Culture、The mutual influence of Christian and Germanic culture，It constitutes the background and basic elements of the development of European civilization。The combination of the Roman Empire and Christianity、Fusion of Roman Dharma and Greek culture、Conquest and accepting Christianity of the Germanic Barbarians，plus the later origin of the Renaissance from Italy、Religious Reform of Germany、French Enlightenment and British Industrial Revolution ... European civilization generates in continuous communication and integration，Development in the excitement of the old system and new ideas。This civilization communication and integration，Based on the understanding and cognition between each bet365 Play online games other，This is also the significance of comparative research。

rule of law civilization as an organic component part of human civilization，Its development is also inseparable from mutual communication、Fusion and reference。For example，The legislation of King Bolkhalis, the King of Egypt in the 8th century BC, has affected the Slout Legion of Athens in the 6th century BC; the "Hammurabi Code" has a profound impact on the laws and ancient Greek law of the Jewish; The development of the laws of Western European countries is deeply influenced by the Roman law。and Roman law is not a occlusion system，It will be affected by "public law" or "official law"。Just as Josepe Gropo said in the History of Roman France，Rome "France" (IUS) is a kind of "complex in a migrant state"，"Constantly include and solve the real problems that occur in development in the flow of life"。During the development of Roman Dharma，It absorbs the spirit of ancient Greek culture、Natural Law Theory，Blended the content of the Germanic method、Habits from various places，The feudal system and church law in Western Europe also have an important impact on the development of Roman law，Especially the church and church law expanded the spread of Roman law。These examples indicate，Different rule of law civilization is more vibrant and vitality due to exchanges。

other，between different legal departments of the same national legal system，There is also existing communication and mutual learning。For example，The development of modern German administrative law depends on the reference of the theory of civil law and other disciplines。Of course，This is also related to the model of the German Civil Code and the development of German Law。As Frener said，"From one containing history、In the hybrid theory of bet365 best casino games politics and the national economy，German administrative law has developed into a law discipline，It has its own strict legal method -development from civil law，and develop legal principles to judge and decide on public administrative relations "。So，Comparative law research must pay attention to the exchange dialogue of different rule of law civilization，Also pay attention to the integration and development of different elements in the same rule of law civilization，and abstract the commonality and regularity through the experience summary，For the current rule of law culture、The construction of the rule of law civilization provides useful reference。

　Comparative methods must adhere to "I am the main" 

Diversity and inclusiveness based on rule of law civilization，Localization of legal transplantation and law is an important issue facing many countries in the world。Allen Watson wrote in the Evolution and Formation of the Civil Law Law，The transplantation of law is "a shortcut for the development of the system"，The laws of a country can be developed by transplantation。View legal transplantation of various countries，Among them, the successful typical typical typical transplant legal system，There is also a painful lesson that borrows from the failure of other countries' thoughts and systems。

1954，French jurist Leine David was invited to draft the Civil Code for Ethiopia，His Pok French Law、Contents of laws such as Swiss Law，Completed the compilation of the Ethiopian Civil Code，but not suitable for Ethiopia's national conditions and people，I did not get a good implementation，Therefore, it was rated as "the fast thing to compare jurists，Africans' nightmares "。opposite，1948 "Egyptian Code" was regarded as "a successful bet365 Play online games attempt to integrate Islamic civilization with Western civilization"。Although the French Civil Code also uses it as a reference，But the editors of the Egyptian Civil Code fully considered the country’s politics、Social and legal environment，While fully respecting and using the country's legal culture and local resources，Some innovation and balance。So，Law transplantation needs to be based on comparative law research，Exploring the historical tradition of the country、The road to the rule of law development of social foundation and the needs of the times。

In addition to the commonality of the development of human society and national system，Ethnic nations have their own characteristics，That is national or national characteristics。The system established by various countries will inevitably receive politics at that time、Economy、Society、Culture and other factors of factors，It can be said that it is formed by the combination of many "accidental"。Of course，Look from "After -after"，Many "accidental" aggregation becomes "inevitable"。Comparative methods need to have a vision that spans the times，It should be based on those politics that promotes the system、Economy、Social and cultural factors。Some legal systems generated under specific historical conditions，Although the surface is glorious，but not necessarily suitable for today，It is not necessarily suitable for the country。

In short，When drawing on the experience of the rule of law in other countries，Can't copy photos。Not only must we thicken the country’s legal system、Legal principles and theory theory，It is also necessary to fully consider the national conditions of the country、People's sentiment，Translate and develop bet365 best casino games it into "local resources"，To fit the country's legal tradition and national spirit。So，Comparative methods must be firm in cultural self -confidence，Broaden theoretical vision，Do "with me as the main、I used it for me，Serious identification、Reasonable absorption "，Compatible and stored、Bo Cato Chief，Realize innovation development。

　　(Author Unit: Institute of Law History of China University of Political Science and Law)