Adaptation and Resistance: From Montesquieu The Spirit of the Laws to See China's Legal System Construction

In order to modernize China's legal system and to abandon prejudice, broad exposure to Western scholars from reasonable theoretical component is essential, but the precondition is that we must first grasp the spirit and essence of the theory by selecting the "spirit" instead of its "shape". Montesquieu on The Spirit of the Laws widely known "separation of powers" theory is actually only its "shape" and the "Adaptation" and "protest" the spirit of both the law constitutes the "suitability" of the spirit of the laws, and it is the universal significance of the application of human reason. Therefore, China should also be based on the two-pronged approach in building their own political and legal systems.