Legal Thought In China Since The Reform And Opening Up Of Marxism

Since marxism was introduced into China, the people of the communist party of China led the Chinese people to the universal principles of marxism with the reality of China’s revolution and construction, the theoretical achievements of sinicization of marxist legal thought, Mao zedong’s legal thought and the Chinese characteristic socialism theory system of rule of law. The sinicization of marxist legal thought, promote the progress of marxism theory of legal thought. Thus, Mao Zedong’s legal thought is the Chinese communists in the use of the general principles of marxism moved to solve occurring in the process of Chinese revolution and construction.After the third plenary session of China entered a new, speed up the process of the democracy and the rule of law, the period of social transition, and formed the Chinese characteristic socialism rule of law theory. This paper mainly discusses the sinicization of marxist legal thought after the reform and open policy the basic content and the Chinese characteristic. The sinicization of marxist legal thought, that is, marxist legal thought in the new period of reform and opening in China formed in the concrete practice of innovation. This paper adopts the combination of history and logic, refining the core of the sinicization of marxist legal thought spirit, basic connotation, main expression of the basic problem, achievement of sinicization of marxist legal thought for academic research.Based on the above understanding, the full text is divided into five parts.The first part, the sinicization of marxist legal thought of path. First of all, the general introduction of marxist legal thought in the situation of China. First, the analysis of marxist legal thought their qualities and some of the features was introduced into China before. Second, in the process of sinicization, and thousands of years of Chinese traditional legal thoughts of mutual relations. Third, through the concrete practice of Chinese revolution, gradually formed the sinicization of marxist legal thought of the first great achievement-Mao Zedong thought. Secondly, put forward since the new period of reform and opening up30years, the sinicization of marxist legal thought law of development and three main features and logo:legal "nihilism" the end of the cultural revolution, from revolutionary legal system after the reform and opening up new period of socialist construction law, the formation of the socialist concept of rule of law with Chinese characteristics. The second part, the humanist spirit is the core of the sinicization of marxist legal thought. The author adopts the concept "people-oriented" core idea of sinicization of marxist legal thought, namely "people-oriented" philosophy of law meaning, instructions, which include legal philosophy connotation and trait of "people-oriented" in terms of human rights, equality, freedom, and fairness of specific performance:Interpretations of marxism and French society, and human liberation and the liberation of comprehensive development of people a few relations, from the primary stage of socialism and people, laws and social relations, this paper further expounded the connotation of "people-oriented", emphasis on human rights, equality, freedom, and justice core connotation; Analysis and summing up "people-oriented" the sinicization of marxist legal thought in the concentrated expression, believes that "people-oriented" embodied in protecting human rights, maintain the fundamental interests of most people, safeguard social equity and justice.The third part, democracy and equality is the fundamental connotation of sinicization of marxist legal thought. First of all, in this paper, the marxist theory on democracy and equality, marxism about democracy and equality, the main point of the socialist democracy with Chinese characteristics on the inheritance and development of marxism; Manifestation of socialist democracy with Chinese characteristics, namely, grassroots democracy, inner-party democracy, deliberative democracy and electoral democracy, etc.; The equal representation of socialism with Chinese characteristics,"everyone is equal before the law", including the citizens shall enjoy the legal rights before the law and obligations, legal dimension is unified.The fourth part, strengthen the legal system is the main performance of the sinicization of marxist legal thought. First discusses the rule of law is an important means of democracy, the relative importance of the rule of law and democracy;"Grasping economy, grasping the rule of law";16-character legal construction guidelines put forward:laws, the laws and law applied, the barriers.The fifth part, the rule of law and virtue is the practice of sinicization of marxist legal thought. Road under the rule of law is the realization of the sinicization of marxist legal thought path. Including the achievements of sinicization of governing the country according to law and managing state affairs by ethics two forms, both between complement each other.In a word, theoretical achievements of sinicization of marxist legal thought, is a marxist legal thought and the Chinese concrete practice combining with the product. The conclusion of this study is:marxist legal thought in guiding China’s rule of law must be combined with China’s actual at the same time, must be against dogmatic, bookishness and erroneous tendency, must be in Chinese style. The sinicization of marxist thought of legal system and its process and theory achievement, the construction of socialist legal system with Chinese characteristics will still play an important guiding role.