Historical Logic Of The Theory Of The Nature Of The Phenomenon Of Contemporary China And France

As the core of contemporary legal spirits and the logic basis of jurisprudence, the theory of the essence of law reflects not only the economic system and the social structure, but also the claims of legal rights and the pattern of the social governing. Chinese accepted and transcended the Soviet Union's theory of the essence of law, establish and develop our own system info. It is important to discuss this process and probe into the historical mechanism for the social transition and the build of legal state of China.The Soviet Union's theory of the essence of law rooted in the political environment, economic structure and culture background of the day. Its research methods experienced the change from the class consciousness to the common social consciousness. Chinese theory of the essence of law originated from the Soviet Union's theory, and develops in different historical periods. From its evolvement, we can learn how to explain the value of law reasonably, that is, not to explain the essence of law beyond its economic and social background.Before the reform and opening up, China learned the legal theory from the Soviet Union and established its own system info. Modern Chinese criticized and abandoned the former laws and jurisprudence with the concerned theories of the Soviet Union. We accepted its theory about the relation between nation and law which developed in the 1950s and 1960s, analyzed the origin and evolution of law, the fundamental characteristics and the function of law, and revealed the class nature of law. After that, we discussed the class nature and inheritable character and political nature of law, and strengthened the notion that law has the class nature. These ideas have both positive and negative effects on the establishment of Chinese legal system and the evolution of the theory of the essence of law. Beyond dispute, we should consider relationship between the class nature and inheritable character and political nature of law rationally.From the late 1970s, Chinese turn to question and transcend the Soviet Union's theory, and develop our understanding of the essence of law. Gradually, Jurists analyzed the essence of socialistic law with a view to the social background and economic conditions and the functions of law demanded by the society. In the middle of 1980s, researchers carried out a wide-range discussion on the relation between the class nature and social nature of law. They criticized the Soviet Union's theory of the essence of law, put forward that the essence of law is multileveled and confirmed the influence on the essence of law by the social conditions. From the 1990s, law circle analyze the essence of law from the perspective of civil society, the function of law and the phenomenon of law. The class nature and social nature of law exists in the unity of opposites which is in a dynamic process.The phenomenon of law is the unity of opposites of legal right and law, between which there is a relation between the content and the form, the objective and the subjective. The essence of the phenomenon of law is also the union of justice, class nature and realistic limits, which should be understood from Marxist standpoint. To conclude, Chinese establish and develop the theory of the essence of law with rethinking and transcending of the concerned theory of the Soviet Union in the economic and political reforms.