Concept Of Soviet Union Law In China (1949-1958)

The concept-making is the key-way that human-being scratched from obscuration to intelligence. And the mankind's history precipitated from the concept that depending upon it to develop the history. For the humans, there is a crucial and durable method is to make a definition of something that to acknowledge the world, to domesticate the nature and finally to living harmonically with it. Through the definition, the humans overcome the fears and ignorance, counteract the surprises and curiousness temporarily and grasp the rules or laws and surpassing of intelligence. Accordingly, this dissertation is rooted from the concept of Soviet Union Law, which is focus over the analysis and discourses about the development and the enlightenment of it in China. So this paper is based upon the particular history context to analyze and discover the following questions such as the identification, the variance, the transformation and the fresh interpretation. All of these are complicated and momentous puzzles. The complex aspect means that this study is a cross-linguistic issue owing to the legal thoughts in new China born from the translations, the re-editions and the transferences of the former Soviet Union's relative cross-languages practices and unavoidably this kind of research would not be a pure analysis of translations. Speaking broadly, this cross-languages practice is to exanimate the new words, meanings, contexts and expressing models in the process of contacts and conflicts about the languages sharing with the exporter and importer and the process of legality about the starting and populating in the importer's language. Therefore, as one concept transferred from the exporter to the importer, the meaning of it would be anew created embodied in the condition of local environment of importer rather than the "changes" of itself. And the important aspect means that the legal theory and the concept of law in Soviet Union still has the depending impact for the approaches to construct the legal theory and the concept of law in China since 50's in 20th century to nowadays. Meanwhile, the concept of Soviet Union Law had transplanted into the Chinese legal tradition and become as a part of it by the selection and elimination of times, which would be literally said as the Nirvana from "it" to "me". Considering all the facts, we could not escape form it or even obliterate it. The whole text just chooses this standpoint to select the fragment of 50's in last century about the concept of Soviet Union Law in China for the analysis over the "encounters" of this concept in China. And the author also intends to explain that the academic communication is not only the pure relations between the scholars but also serial intricate and deep questions concerning the academic environment, the political affections and the social transformation at an epoch. Furthermore, the main body of this paper is divided into four chapters except for the introduction and the conclusion:Chapter one is to analyze the historical transformations of Soviet Union Law in its motherland that is the developing way of Soviet Union Law. In this part, the Soviet Union Law is distinguished form three ages as the standard of Vyshinskii, which is focus on the overviews of historical clues. Before Vyshinskii, the representative figures are Kypcy(?), CTyp(?), Pa(?)p and (?); and the after ones are (?), K(?)a, which is discussing the shaping, the developing and the changes of their theories. At the same time, the author gives the prudential classification to uncover the detail reasons for the development of their concept of law. The task is to exam the various concepts of law and the common and different characteristics by the three ages'analysis to interpret that the unity of duration and eternity about the concept of law.Chapter two is to discuss the transplantation of Soviet Union Law at the early times in the Foundation of new China and the legal theories'necessity and paths. The propagation of the two issues in local China is not unimpeded where as the hindrances are not resourced from the feudal legal ideas for the lasting thousand years in China but the old legal regime and legal thought residue by KMT. So the competition of the two legal regime and thought would be a striking battle. And the principle of "cleaning the house first then waiting for the guests" could eliminates the great obstacle and declares that the death of the old ones. The cleanings of out-of-date ideas with the similar detail national circumstance and the similar ideology among the influences of global pattern clearly manifest that the learning form Soviet Union would be the necessary way and so did the learning of concept of law and legal theory from Soviet Union. As the paper said, the several ways of learning would be the result of cooperation by the transplantation of Soviet Union Law.Chapter three is the core of the whole text. The author analyses the certain development of the concept of Soviet Union law in China based on the structural analyzed method of concept. According to the universal model of Jurisprudence textbooks, the author gives the precise summary about the methodology, the essential elements, the character elements, the aimed elements and the historical types of definition of law. By the historical and semantic analysis of each element, it's aimed to find out the identified ones to the primary ones in the interpretation process of Soviet Union law or the transferred ones and created interpretation. As the discussion mentioned above, it would be considered that the changes of key words' interpretation finally triggered the transformation and created interpretation about the whole meaning in the concept of law.Chapter four is the pondering over the encounters of Soviet Union law in China. The author separately comments on the following issues such as the duration and eternity of concept of law, the misreading of the concept, the translating possibility in the translation and the created interpretation about the concept. Moreover, the author points out that every meaning or every world panorama is in the changes and deviances that they could not get out of the game of differences and also the elimination of times. As for any concepts, the changes and the deviances or eliminations are not only the symbol of historical moving but also the necessary effect of academic interchanges. At the end of this part, the advantageous and disadvantageous of the century's academic communication has been unfolded by the level of this concept.The conclusion is taken the concept of law as the principle and the "wall" as the metaphor to re-think the academic intercourses between the occidental and the oriental and the summary of the whole paper.