Research On The Rule Of Law By Marx And Engels Thought And Its Contemporary Value

"To learn,will this contemplation".Xi jinping in philosophy and social science work symposium speech stressed:the problem is the starting point of innovation,also is the power source of the innovation.Only listen to the voice of The Times,in response to the call of The Times,studying carefully important and urgent problem,can truly grasp the historical context and find the law of development,promoting theoretical innovation.The current promoting the modernization of national management system and management ability needs to insist on Marxism guided by the Marxism rule of law thought.Marxist thought was the source of Marx and Engels thoughts of law under the rule of law,further study of Marx and Engels thought of rule of law,can further enrich the content of the Marxism rule of law thoughts,to better guide the national modern management system and management ability.This study is based on "Marx and Engels anthology","The complete works of Marx and Engels"(second edition)and"The complete works of Marx and Engels"(first edition)literature research.We followed "where-what-how-how to development" thinking through combing Marx and Engels thoughts of law is the theoretical source and realistic basis,history,main contents,characteristics,theoretical contribution and practical value,from the perspective of Marxist theory to the construction of the socialist rule of law with Chinese characteristics to carry on the profound reflection,so as to the rule of law,ruling in accordance with the law and administration according to law to provide further theoretical guidance.Source of Marx and Engels thoughts of law theory and practice on the basis of comparing the comprehensive combing,textual research of Marx and Engels thoughts of law both on previous criticism and development of the rule of law theory,but also to the social reality condition of thinking.In terms of theory,Marx and Engels thoughts of law and the separation of the rule of law theory of the rule of law,the people's sovereignty theory,bourgeois "rule of law country" idea,the bourgeoisie of the rule of law theory such as bourgeois constitutional theory;Criticizing and absorbing the popular sovereignty reflect democracy,equality,the form of law,the rule of law operation factors such as the tower of Babel socialist idea of rule of law,so the theory of Marx and Engels thoughts of law sources are mainly the bourgeoisie and dream of the rule of law theory and the idea of the socialist rule of law.As for the reality basis,meet the needs of the citizenship of the proletariat,guiding the needs of the workers'movement and the experience of rule of law of the Paris commune,Marx and Engels is the realistic basis of the rule of law thought.For the development of Marx and Engels thoughts of law to compare the detailed textual research,put forward to concrete and historical facts related to the work as the basis,the development of Marx and Engels thoughts of law can be roughly divided into three periods:bud(1835-1844),forming stage(1845-1848)and development(1848-1895).Bud is refers to between 1835 and 1844,Marx and Engels in Hegel's doctrine,new rational criticism,for the rule of law in the process of historical materialism to grope and try.Formation is refers to between 1845 and 1848,Marx and Engels in the process of the formation of historical materialism world outlook for the rule of law thinking,this period was the declaration of the communist party is very important on formation of historical materialism of Marx and Engels thoughts of law.Development is refers to between 1848 and 1895,Marx and Engels theory to guide practice,practice,to rise to the theory of important period.This period is divided into four stages:the 1848 revolution in Europe after the defeat of the revolution and the period of exploration,the first international fight against reformism,a summary of experience of the proletarian revolutionary struggle,and after the death of Marx and Engels further refining theory,Marx and Engels around in different stages of social reality and the revolutionary practice further enriched and developed Marx and Engels thoughts of law.The main content of Marx and Engels thoughts of law for the more thorough elaboration,confirmed the main content of Marx and Engels thoughts of law reflects in deep criticism of the bourgeois rule of law and the preliminary idea of the socialist rule of law.Marx and Engels by exposing the bourgeoisie legislative,judicial,the essence of the electoral system is bourgeois interests to criticize the hypocrisy of bourgeois rule of law;By revealing the separation of civil rights and human rights to criticize bourgeois human rights and civil rights in the rule of law dual division;By revealing the limitations of political liberation,the opposition between political state and civil society,the alienation in capitalist society to criticize the narrowness of bourgeois rule of law.Marx and Engels by building in the constitution as the core,the criminal law and procedure law,international law and environmental law,civil and commercial law,economic law,the rule of law of marriage and family law system and in legislation,judicature,law enforcement and supervision,and the law of "five one"mechanism of rule of law,in this paper,the preliminary idea of the socialist rule of law.Compares the features of Marx and Engels thoughts of law targeted analysis,discussed from the perspective of scientific world outlook and people's sovereignty,to examine the characteristics of Marx and Engels thoughts of law,embodied in Marx and Engels expounded the dialectical unity of the rule of law and freedom,the rule of law and democracy of development,the rule of law and equal each other,interdependence of rule of law and human rights point of view.Marx and Engels think that freedom is the core value of the rule of law,the rule of law is the guarantee of freedom,embodies the rule of law and freedom of dialectical unity;Democracy is the political foundation of the rule of law,the rule of law is the rule of democracy and means,and reflects the development of the rule of law and democracy;Equality is the internal requirement of the rule of law and the rule of law is the important means to realize equality,embodies the rule of law and equality of each other;Human rights is an important factor of the rule of law building,the rule of law is from human rights ought to be to the reality of the necessary security,embodies the interdependence of the rule of law and human rights.Contribution to the theory of Marx and Engels thoughts of law on the basis of the comparison of objective,points out the historical materialism of Marx and Engels thoughts of law has established the rule of law thoughts,its criticism and construction of the rule of law is based on social development,based on the historical materialism,demonstrated that the legal system,rule of law and the national relationship.Marx and Engels thoughts of law is the Marxist ideological source of the rule of law thought,it through the theory with practice the living soul and critical to guide the development of Marxism rule of law thought.Marxism rule of law thoughts inherit the characteristics of historical materialism,Marx and Engels thoughts of law,Lenin thought and socialism with Chinese characteristics under the rule of law theory by Marx and Engels thoughts of law of the rule of law in the concrete practice further enriched and developed Marxism rule of law thought.To Marx and Engels thoughts of law in the practice of contemporary Chinese value to compare the level of argument,Marx and Engels discussed the practical value of the rule of law thought is mainly embodied in promoting the modernization of national management system and management ability.To advance legislation management lies in legislation management to alleviate the conflict of customary law and national laws,should be public participation and characteristics of innovation,clear the rights and obligations of the governance body.To strengthen the government management lies in the guid'ance of the government management to promote management system under the rule of law and to promote the governance ability under the rule of law.To attach importance to the party's governance and guide is strictly in accordance with the party is the only way for the party's governance,in accordance with the law is the guarantee' people's sovereignty and the necessary measures of democracy.To strengthen social organization management lies in the guidance of social organization management is the important means to realize equality,the necessity of organizational governance under the rule of law society.To cultivate citizens under the rule of law lies in cultivating citizens under the rule of law is a systematic process,cultivate the citizens to further advance the rule of law under the rule of law.The characteristics of this study is the first comprehensive systematically discusses Marx and Engels thoughts of law,demonstrates the characteristic of Marx and Engels thoughts of law.This research adopts mainly by literature research,there are specific content analysis;secondary analysis,and the existing methods of data analysis.History method,descriptive research method,comparative analysis method is used in this study.