Research On The Sinicization Path Of Marxist Legal Thoughts

The sinicization of Marxism evolves from two dimensions via the Marxism vith Chinese specific practice and the Marxism with Chinese history and culture.These two dimensions mean two levels of the sinicization path of Marxism. The first is to combine the basic tenets of Marxism with the specific practice of China, which extressing a leading role of practice. We call it the dominant practice mode. Through this way, the Communist Party of China turns abstract Marxism into specific Marxism. The second is to combine Marxism with Chinese history and Chinese culture, we call it the mode of cultural sublation. By this way, the Communist Party of China makes the Marxism localization. As far as the relationship concerned, the practice level is basic.The sinicization of Marxist legal thoughts is an important part of sinicization of Marxism which occurs in legal field in the process of the sinicization of Marxism. Logically, the sinicization path of Marxist legal thoughts also has two levels, one is the practical level path which being opened up by the several generations leadership collective of the Communist Party of China via combining Marxism legal thoughts with Chinese specific practice, emphasizing the legal source of practice, following the method which Marxist legal thoughts must be tested and developed in practice. Another is the cultural level path which opened up by the first generation leadership collective of the Communist Party of China.They combine Marxism legal thoughts with Chinese historical and culture, and they absorb excellent legal thought resources, as well as they discard the dross of Chinese history and culture, then they have made Marxism legal thoughts with Chinese national characteristics, and they have been continuously promoted the sinicization of marxist legal thoughts. As far as the relationship concerned, the practice level is basic. Practice is the fundamental motive of the sinicization of Marxist legal thoughts. The cultural level path is very important, the sinicization of Marxist legal thoughts can't do without Chinese culture and tradition.The probe into the sinicization path of Marxism or the sinicization of Marxist legal thoughts reflects a kind of philosophical attitude and philosophical approach. It shows we must look on the relationship among Marxist legal thoughts, Chinese traditional legal culture and the western legal culture with the view of practice, with specific historical viewpoint, with dialectical materialist perspective view. From this point, we can say, the problem of the sinicization path of marxist legal thoughts is a philosophical proposition. It is formed under the guidance of certain philosophical world outlook and methodology.The first generation of the collective leadership of the Communist Party of China had made outstanding contributions in the sinicization path of Marxist legal thoughts. They stick to the view of practice firstly, and they adhered to the practical legal source. They paid attention to Chinese history and traditional culture. They thought"practice is mother, law and Jurisprudence are sons". Finally,they explored the practice level path and the cultural level path of the sinicization of Marxist legal thoughts. MAO Zedong's legal thought was formed along this path. The period from1957 to 1976 was very tortuous in the history of the People's Republic of China. So as the sinicization path of Marxist legal thoughts, it deflected.The deviation of the path was in two parts, one was in the practical level, people were ruled by Subjective doctrine. Second was in the cultural level, people were affected with traditional culture of"rule of man", and legal nihilism was in fashion. After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, DENG xiaoping and the Party Central Committee took a series of measures to make things right, and they recovered as well as established the sinicization path of Marxist legal thoughts again. Socialism legal thoughts was formed between in the practice reflection and in the criticism to feudal culture. Since the Fourth Plenary Session of the Thirteenth Central Committee of the Communist Party of China, and since the 16th National Congress of the Communist Party of China, the Communist Party of China leaded by her central committee whose general secretaries are JIANG zemin and HU jintao face China's problem actively, and promote the sinicization of Marxist legal thoughts in practice. At the same time, they cognize Chinese legal thoughts with continued dialectically view, and they actively unearth traditional excellent culture. Along this path, there have been some theoretical achievements in the process of the sinicization of Marxist legal thoughts, such as socialism legal thoughts, socialism rule of law thought, socialism rule of law concept, etc.Combining Universal truth with practice is not easy. The formation and development of the sinicization path of Marxist legal thoughts at least gives us three enlightenments. Firstly, the right path of sinicization of Marxist legal thoughts should emphasize Practice a leading role not theory leading role. If emphasizing theory leading role, we will meet with dogmatism inevitably.To overcome the dogmatism, we must set up the correct view of Marxism, and adhere to the party's ideological line of seeking truth from facts, and emphasize the dominant role of practice. Secondly, in order to make Marxism legal thoughts with Chinese characteristics, we should combine Marxism legal thoughts with Chinese excellent traditional legal culture closely. However, we must correctly understand and grasp the traditional legal culture, and we need keep constantly alert against Chinese feudal ideology adverse effects, and we must be aware of eliminating residual feudal autocracy constantly in the process of sinicization of Marxist legal thoughts, otherwise, the paths will be deviated. Thirdly, We know the proposition of sinicization of Marxism comes from debate beween Chinese culture and western culture, it means not only to negate westernization but also to stick to a dialectical attitude. First, we must oppose westernization.Second, we must oppose a attitude of metaphysical Cultural conflicts. Finally, We must treat western legal thoughts with dialectical view, and we should sublate western legal thoughts in the process of the sinicization of Marxist legal thoughts.