On The Ideology In Legal Consciousness

According to Decision Regarding Several Important Questions on the Construction of Socialism and a Harmonious Society proposed in 2006, the Central Committee of the Chinese Communist Party claimed that it is a necessity that the whole society should establish socialist concept of rule by law, strengthen legal consciousness and encourage fairness and justice. In the year of 2007, the Party's Seventeenth National Congress reports demanded that we "establish socialist concept of rule by law" and we strive for the reinforcement of legal concept of the whole society which can be regarded as the common goal of socialist democracy politics in the future.The main content of this paper is about ideology and its form of expression that exists in the legal consciousness, namely the legal ideology. The paper consists of six chapters: introduction, connotative discussion of legal consciousness, relationship between legal consciousness and ideology, meaning of the legal ideology and the structural discussion, identification of legal ideology and Marxist legal ideology.The first chapter is an introduction to the writing background, the situation of domestic and foreign relevant academic research, the major innovation and research methods of the thesis. In the domestic literature, we are lack of the foreign research about the legal consciousness and the legal ideology, and there are no research achievements which directly uses foreign literature of legal consciousness. This thesis introduces and evaluates the academic achievement in America and the Europe, which supplements the domestic research in this field. Chapter Two discusses the meaning of legal consciousness and analyzes the inscape of legal consciousness and the relationship between the legal consciousness and the legal psychology. The legal consciousness is all the psychology that is the reflection of legal phenomena. It can judge and evaluate. Legal consciousness is constituted of subject, content and object. We can enhance our cognition of legal consciousness though discussion of the meaning of legal consciousness. And it lays the foundation of the discussion of the issue about legal consciousness and legal ideology. The third part mainly studies the relationship between legal consciousness and ideology. Ideology exists in the field of law and appears as legal thought with quality of ideology in legal consciousness. It is called the legal ideology. However, legal consciousness and legal ideology are two different concepts. The differences exist in aspects of basic property, functions and other factors. The fourth part mainly analyzes the implication and significance of legal ideology, features of legal ideology as well as the components and the description. Legal ideology is the ideology that exists in legal field and it appears via some legal consciousness. It possesses both essential features and traits of ideology which differ from other types of ideology. It is composed of subject, object and structural substance and its entirety consist of different kind of legal ideology. It has distinctively operational system and mode and it also has unitary and polynary system. The fifth part mainly distinguishes legal ideology, including the relationship between legal ideology and ideology, between legal ideology and legal consciousness, between legal ideology and legal values. Legal ideology is an important component part of the ideology and it is different from other ideology as well as political ideology because it has the speciality of itself. Political ideology is so powerful that it monopolizes field of ideology and shields the existence of legal ideology which was lead to a lower status. In terms of the relationship between legal ideology and legal consciousness, the former is not only one part but also the core of the latter. There are also some other thoughts that does not belong to field of legal ideology in legal consciousness. Nevertheless, under certain conditions, these thoughts can be turned into legal ideology. Some legal values that reflect the essential of legal consciousness is legal ideology.Legal consciousness is closely related with ideology. Ideology exists in the field of law and shown as the legal thought with the ideology properties in the legal consciousness, namely legal ideology. Legal ideology is the most influential legal thought which possesses value judgment or political tendency, and it is the core of legal consciousness. Legal ideology epitomizes the nature of legal consciousness which is the legal values with the function of value judgment. Legal values regard the fairness and justice as the basic content.In terms of theory, we study problems about ideology in legal consciousness is in favour of the revealment about the core and essence of legal consciousness. It is also in favour of the profound recognition of existence of legal ideology in legal field, which improve legal consciousness and its theory. Legal consciousness is the psychological foundation lof people's legal behavior and decides the behavior. And legal ideology decides the quality of legal consciousness and character and significance of legal behavior. In terms of practice, doing research about legal consciousness and legal ideology is benefit for improving people's attitude toward its problems. It is helpful for expressing guidance function towards legal activity of legal consciousness and legal ideology as well as promoting state legal system construction.