Marx Philosophy Of Law And Its Contemporary Significance

The start and end-point of Marx's legal Philosophy,which came into being simultaniously with his historical materialisim,is the real solicitude of the People (namely the proletariat) of legal exist state,and this solicitude embodyed both in his legal values and his departmental law thought.The build of china legal has been impacted both from the Wast modern law,including post-modern law,and from Chinese traditional law culture. The Wast unilateral modernity which reflected in the rule of law is to treated the People formally and abstractively,despite the virtual rule of law has been realized in the coures of modern rule of law and the modern rule of law has been criticized by post-modern law,but the capitalism society which constracted by capital principia has not the ability to reconcile the conflict between the formal justice and the real justice fundmentally. Chinese traditional law culture,of which the thoughts of pan-moralism,society priority,power ascendancy and non-suit are flowed,also not has the ability to construct the Chinese rule of law. Marx's legal Philosophy thought has overthrew the the Wast modern law in the aspect of social ontology,which not only indicating the fundamental difference between Marx's legal Philosophy thought and the West humanism,but also showing whose great signification to the Chinese rule of law constrction.