The Legal Transplants of “Taiwan Area” with the Perspective of “One Country, Two System” Policy

Abstract

The formulation of laws has its temporal and spatial background, and is constrained by political changes. The laws of “Taiwan area” area and main-land are different while the reason is Controversy and complex. The laws of “Taiwan area” area are related to the change of political regime. The legal systems formulated by different regimes come from the political demands of the ruling authorities. Therefore, the legal system of compulsory domination over “Taiwan area” has become special legal culture in the history of law. In the development of the legal system in “Taiwan area”, there are many elements of succession of the law. With regard to its pros and cons, with the gradual expansion of the internal legal history research, it has also been criticized and reviewed. This article intends to sort out the status of legal succession in “Taiwan area” and this topic. For the academic debate on whether the law will continue to be accepted or not, this article observes from “modernization theory” and “dependency theory” of the national development theories respectively. The author puts forward the view that laws in “Taiwan area” continue to be intertwined with complicated institutional changes and it should adopt a compromise approach.