Research On Legal Ideology

Legal Ideology is a branch of Ideology and also is the important component ofJurisprudence and Legal Philosophy.It should have very important position in the studyof Ideology and Jurisprudence;however the pertinent theoretical research on it isrelatively weak.It shows in as follows:firstly,do not specially appointed with lawideology category,secondly,do not systematical with law ideology category.Thirdly,donot distinguish ideology category with relevant categories.In order to attach theoristsgreat importance to Legal Ideology,and hope it can be some beneficial to the strategy ofLegal Ideology in China,on the base of analysis of connotation structure,function,andhistorical development on Law Ideology,the paper points out that the strategy of LegalIdeology should be established on the construction of the subject of Legal Ideology,andthe criticism of Legal Ideology to strengthen supremacy of the orthodox Legal Ideologyand highlights its evidence function.It Analyzes Legal Ideology forms interactive inherent relation between organizationand demonstration.In the text,it expounds the history form of organization anddemonstration,summarizes the three typical organization and demonstration pattern fromreason to morality,from principle to system and from reasonableness to legality and thenanalyzes inherent conflict cause betwcen organization and demonstration.It has fixed the basic concept of Legal Ideology.At first,it has analyzed the origin ofLegal Ideology from the researches of the Soviet Union scholar,western scholar andlocal scholar,and has revealed the deficiency to the theory about Legal Ideology studies.Then,as a view of the systematism of Legal Ideology,it has defined the meaning ofLegal Ideology completely from the four aspects.That is the subjective body of LegalIdeology which is certain class or group and that objective body of Legal Ideology is theconception system of legal phenomenon and that cognition to subjective body insubjective aspect and its reaction in objective aspect.At last,to extension of LegalIdeology,it has distinguished fundamentally these categories between law and LegalIdeology as the superstructure or conception form,between law culture and Legal Ideology and between law theory and Legal Ideology.The categories on structure,function,and historical development of Legal Ideologyare placed within macro-context Serving to dynamic observation.The longitudinalstructure of Legal Ideology includes cognition,capacity,leadership and conceptintegrates.The horizontal structure of Legal Ideology includes constitutional government,criminal,civil,procedure specific areas etc.the operational structure of Legal Ideology isconsisting of Legislation,judiciary and administration.The function of Legal Ideology ismanifested by concept condensation,rule of law promoting and legal social integrationand so on.The historical development of Legal Ideology in China is mainly reflected inseveral stages as follows Legal Ideology legal instrumentalism phase,Legal Ideologylegal nihilism phase,Legal Ideology legal system construction phase,Legal Ideologylaw-governing selection phase.The way to China formed by Legal Ideology is to regain the predominant role ofLegal Ideology in order to get its supremacy from criticism of Legal Ideology.It definesthe socialistic mainstream Legal Ideology according to kinds of performance of LegalIdeology and among keeping to the mainstream,resisting heterogeneity and developingdiversification.And it discusses the preliminary theory about transgression from LegalIdeology out of general Legal Ideology to ideology.The main body structure of LegalIdeology focuses on subjective body unilateral concealment of Legal Ideology and thewant of interdependent subject and object.It makes dialectical relations between thesubject of Legal Ideology construction and the construction subject of Legal Ideology.Inside we construct intrinsic value of subjective volition of Legal Ideology,outside weconstruct extrinsic value of subjective equity of Legal Ideology.It is essential to apply thecriticism of Legal Ideology after historic turning of Legal Ideology.The effect way ofcriticism of Legal Ideology depends on the generation of criticism system.At the sametime of criticism of juristic theory research and law-governing practice we shouldstrengthen supremacy of the orthodox Legal Ideology.