The Sinicization Of Marxist Idea Lungang

Sinicization of Marxism contains the sinicization of Marxism penalty thought, namely the process and achievements that Marxist’s penalty thought is combined with the specific situation and the stamp of the age, and forms the sinicization of Marxism penalty thought. Over the years, the theory circles haven’t pay enough attention to the process and achievements of the sinicization of Marxism penalty thought and until now, there is no scholar to make systematic research on it. The thorough, deeper and comprehensive research of the Marxism penalty thought firstly can help to systematically master the penalty thought of classic writers of Marxism, as well as the process and achievements of the Marxism penalty thought’s sinicization; secondly, it can contribute to acknowledge the relationship of inheritance and development between the China penalty thought and the Marxism penalty thought and then to figure out the origins of our country’s penalty thought; thirdly, it can be used to correctly master the influence of the Marxism penalty thought’s sinicization on China’s criminal legislation and judicial practice, so we can further use it to perfect our country’s criminal legislation and guide our country’s judicial practice; the last, it can benefit to draw lessons during the sinicization of Marxism penalty thought and promote the development of the Marxism penalty thought’s sinicization.The full-text contains six parts-an introduction, four chapters and the conclusion. The first part introduces the reason to select this topic and the related penalty theories such as the involved definitions of penalty in the paper, the relationship between penalty and criminal, the essence of penalty and the power of punishment, the aim and function of penalty as well as the basic principles of penalty. In addition to those, it also introduces some Marxism classic writers’penalty thought involved in some scholars’research on other subjects and some research on Marxism penalty thought. In the end, the introduction explains the goal and the methods of research in this paper.The first chapter mainly studies the Marxism penalty thought. Through the review and interpretation of classical documents about Marxism, it explains the main ideas of Marxism penalty thought, which includes the principle of legality, the balance between a crime and a punishment, the equality before the criminal law, the principle of humanitarianism of punishment, etc. It also states some basic assertions about penalty. The essence of penalty means the self-defense methods which are used by society to handle with the deeds violating the living conditions. A country can’t transfer the possession of the power of punishment. The punishment is the result of criminal and criminal threats the means of penalty. Penalty can only punish the behavior but not thought. The aim of penalty is to punish and prevent crime. The death penalty in capitalist society is unfair and unfortunate. Manual labor can remold ideology.The first chapter also illustrates the main ideas of Lenin’s penalty thought which include the penalty in the special time should be quick and severe; severely punishment of the economic crime, the corruption and bribery and the communist who commit a crime; the adherence to deal with crime severely such as death penalty and the principles of the equality before the criminal law. For the purpose of highly attention to the punishment of penalty and the prevention of crime, the penalty should be humanitarian and lenient and remould criminal through manual labor; the penalty should coordinate with other means to prevent crimes. This chapter at last briefly comments the Marxism penalty thought which thinks that the penalty thought of Marxism has the distinct class character, deep critical character, thorough revolution character and particular historical character. Marxism refer, absorb and then develop the fruit of developed penalty theories as well as analyze how Lenin’s penalty thought inherit and develop Marx and Engels’ penalty thought and the limitation of Lenin’s.The second chapter studies Mao Zedong’s penalty thought which formed during the first leap of Marxism penalty thought’s sinicization. It analyzes the main ideas of Mao Zedong’s penalty thought which includes: the aim of penalty is to punish and prevent crime; the objects of penalty don’t contain ideology; the balance between a crime and a punishment; the equality before the criminal law, the principle of humanitarianism of punishment, etc. All these conform to China’s national condition. It clarifies the penalty thought which advocates punishment combined with the leniency and the death penalty firmly can’t be abolished:the principle to kill less and cautiously; to carry out suspended death sentences; to severely punish the duty crime such as corruption and the communist who commit a crime; to put forward the penalty system, the executive procedure and the labor reform of criminal from the China’s national situation. This chapter also discusses how Mao Zedong’s penalty thought influences the practice of China’s construction of criminal monocracy; briefly comments Mao Zedong’s penalty thought and states its essential features:assert the class character of penalty, highlight the revolution character of the foundation and fitness of penalty, reflect the popular character of means to carry out the suitable penalty and exert the practicality of penalty thought. On the basis of the briefly conclusion on the Mao Zedong’s penalty thought’s inheritance and absorption of Marxism penalty thought, this chapter also states the innovation and development of Mao’s thought which is embodied in:put forward the thought-punishment combined with the leniency and suspended death sentences; original created regulation punishment; propose penalty system and punishment executing system; value the importance of the masses to fight crime, remould criminals and put up penalty system through carrying out penalty. At the same time it analyzes the problems which formed by China’s communists representing as Mao Zedong in the special time. These include the cognition and practice which unpractical and violate the laws of penalty development such as to set indication in fighting with crime, the enlargement of cracking down on crime, legal nihilism and the trend of simplification during the abolishing of the old law.The third chapter studies penalty thought included in the socialism with Chinese characteristics which formed during the second leap of Marxism penalty thought’s sinicization the main ideas of which includes:to expound the principle of legality, the balance between a crime and a punishment, the equality before the criminal law, the principle of humanitarianism of punishment, etc.; clarify the target population and the aim; one of the aim of penalty is to punish and prevent crime. It puts forward the principle of clamping down to meet the needs of social development, the quickly and severely penalty to strike with the serious crimes; severely punishment of the economic crime, the corruption and bribery and the communist who commit a crime; the adherence to deal with crime severely such as death penalty and the principles of the equality before the criminal law. It emphasizes the foundation of overall penalty coordinated with other means to conduct all facets of public security as well as the thought of remoulding the criminals through labor. This chapter also illustrates how the penalty thought in the socialism with Chinese characteristics influences the practice of China’s criminal laws’ construction and give it a briefly comment: states its features—highlights its "clamping down" thought, manifests the thought ruled by law, strengthens the practicality of coordination with the social development and reflects the overall development which put people first. And it also illustrates how the penalty thought consisted in the socialism with Chinese characters innovate and develop Marxism’s sinicizing penalty thought on the basis of inheritance which mainly reflects in clarifying and systematically putting forward the thought of clamping down according to the law, severely striking crimes through properly applying to law, developing the punishment combined with the leniency into combining lenience and strictness, explicitly bringing up the conducts of all facets of public security through penalty with other means, developing the rule by law of Marxism and its sinicizing thought and the overall development of the thought that people first. And on this, it conducts the briefly conclusion on the second leap of Marxism penalty thought.The fourth chapter comments and expounds the characters of the sinicization of Marxism penalty thought which mainly includes the unification of inheritance and expansibility, theory and practice, periodicity and integrity and systematic and openness. This chapter analyses the revelation of sinicization of Marxism penalty thought which is that our penalty must be guided by Marxism penalty thought, base upon the condition of China and be combined with China’s traditional and excellent penalty culture and then learn and absorb the fruit of international penalty development. This chapter also analyses the meanings of the sinicization of Marxism penalty thought. It helped to promote the fonnation of the Marxism penalty thought with Chinese characteristics, the enrichment of Marxism penalty thought and the development of legislation and judicial practice of China.Conclusion part briefly summarized and summed up full text.There are some new points in this paper: First, the new point in the selected title. There is no scholar to make systematic research on the sinicization of Marxism penalty thought not only in the area of criminal law but also in Marxism penalty thought’s sinicization. The systematic research is nearly a vacancy.Second, the new point in the research contents. Although some scholars have done some research on the Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, there is no scholar to systematically study the process and fruit of Marxism penalty thought combined with China’s practice and the features of the time and then formed the sinicizing Marxism penalty thought; no analysis about the Mao Zedong’s thought and the penalty thought concluded in Socialist theory with Chinese characteristics as well as how it inherit and develop Marxism penalty thought; no study on how the penalty thought of Mao Zedong thought and Socialist theory with Chinese characteristics influence the criminal legislation and judicial practice; no conclusion about the revelation of the Marxism penalty thought’s sinicization. However, all these contents are the emphasis of this paper.Third; the new point in research methods. This paper organically combines the research methods of the subject of Marxism’s sinicization and the criminal law. These methods run through in the whole research course.