Study On Class Analysis In Contemporary China Legal Science Research

Class analysis, as a methodology and research tool, is familiar to us. It is applied in numerous fields in humanity and social science, including legal science. As a methodology, class analysis relates the observation and reflection of social phenomena to the existence of human group, namely, the existence of class, illustrates social phenomena based on intrinsic motivation of class, which is the interests of class, and external representation, which is the action of class, and analyzes the richness and diversity of social life and social phenomena through the multidimensional presence of class. However, the conflicts in class interests and the struggles in class action limit the space of existence of class to economic field, and confine the presence of class relations to the dimension of class struggles. Therefore, the methodology of class analysis transforms into a methodology applied in class struggle research. This misunderstanding reflected in contemporary China legal science research is the situation of dogmatic, labeling, and political ideology in the methodology of class analysis and the"paradigm of class struggle"in legal science research, which directly results in confining the dimensions of legal research to simplified analysis of class antagonism, class struggle, political ideology and political ideal in the early stage of New China. It was not only separated legal research from the practice of social life, becoming the vassal and compliance of politics, but also caused the function of the methodology of class analysis in the research of multi-dimension and richness of social class itself covered, losing its explanatory power, even its vitality. Since the reform and opening up, tremendous changes in social life provide opportunities and challenges for China legal research in concepts-updated, value-transformation, and institution-reconstructed. As a methodology, class analysis should also conform to the calls of changes of the time and meet the needs of the development of legal science, from simple style of class antagonism and class struggle to the difference and co-operation of social stratums. It also should change the single mode of analysis of political ideology to comprehensive analysis of society and ideal analysis into practical interests'explanation, and transform the mode of power interpretation to the analysis of Rights. The refreshed class analysis must focus on the practical complex of the objectives of legal research and combination of qualitative analysis and quantitative analysis. It also should pay attention to the integration of descriptive and comparative method, and keep the openness of the methodology of class analysis. Only in this way, class analysis can be reborn and re-carry forward with its function of explanation and persuasion and it's vitality. Based on the reflections above, the author analyzes the general situation, characteristics and the theoretical advantages and disadvantages of class analysis in contemporary China legal research since the founding of New China, views and rethinks the academic history of class analysis and puts forward the perspective research of it.This dissertation contains five chapters.In Chapter 1"Class and Class Analysis", the author investigates the concept of"class"through multiple aspects, using historical-analyzing and literature-analyzing method, illustrates the concept of"class", which individual belongs to, is not only determined by economic status, but also spawns the corresponding psychological consciousness, ethics, social status, and political views, etc. therefore, class exist in multiple areas of social space. Through multi-resolution of the concept of"class", the author also further defines the scientific meaning of"class analysis".In Chapter 2"the Class analysis in Social Science Research", the author establishes two basic axioms, namely,"social science can't be separated from class analysis"and"social science can benefit from class analysis", explaining the value and significance of class analysis towards to social science research.In Chapter 3"the Review of academic history of Class Analysis in Contemporary China Legal Research", the author clearly introduces the history of class analysis from early 20th century to contemporary time in China legal research, divides the academic history into three stages and describes the basic characteristics of each. The author focus on the history of 60 years of New China legal science, illustrating how class analysis gradually became dogmatic, labeling, and political ideology, and eventually formed paradigm of class struggle in legal reseach.In Chapter 4"the Orientation of Practical Theme of Class Analysis in Legal Research", the author describes and compares the transformation and application of class analysis in China legal research in 60 years, representing the historical development of class analysis and implying its future orientation. In Chapter 5"the Application of Class Analysis in Legal Science", based on the discussion above, the author puts the focus on the specific steps and methods of uses of class analysis, emphasizing when applying class analysis, the researcher should pay attention to multiple aspects and factors in the observation and recognition of legal phenomena, try to get rid of the trend of being rigid and dogmatic, and guarantee the function and performance of class analysis in legal research.