许多法学家主张进行法律改革,从外国“移植”法律制度。《法治及其本土资源》的作者苏力却主张“中国的法治之路必须利用中国本土的资源,注重中国法律文化的传统和实际”。法律的改革发展必须像树木一样把“根”深扎进我们生长的土壤里,尊重传统,根据人们真实需求而制定,而不是靠政府强制力来推行。只有真正在理解社会的基础上制定的法律才是适应社会的法律。 Many jurists advocate legal reform from the foreign “transplant” legal system. Su Li, author of “The Rule of Law and Its Own Local Resources,” maintains that “the road to rule of law in China must make use of the resources of China’s native land and pay attention to the tradition and reality of Chinese legal culture.” Law reform and development must, like trees, bring “root” deep into the soil in which we grow, respect traditions, and make them according to the real needs of the people, rather than by government coercion. Only laws that are formulated on the basis of understanding society are the laws that adapt to society.