Abstract: Legal Transplantation is a worthwhile question in comparative law studies. In the converging and integrating process of laws among countries, how to treat and study legal transplantation correctly will be an important aspect of whether our laws match the world standard. While we are selecting, studying, and transplanting foreign laws for modernization movement of Chinese Legal System, the conditions of imported countries and of our own in politics, economy, culture, and natural environment should be closely examined, and total westernization a duplicator should be banned. Only doing this can we pave for Chinese legal development with its own characteristics.