On The Influence Of Soviet Law Theory On The Law Of New China

After the founding of new China,Marxist theory of law and Socialist law was established in the legal theory under the influence of the Soviet Union,which lasted for decades.The late 70 and early 80,stepping out of the barriers of class struggle as the key link in China,entered the new period of reform and opening up and socialist modernization,ushering in the great journey of socialism with Chinese characteristics.In this process,along with the advancement of the reform and the strengthening of the legal system,legal theory for the twilight of the Soviet Union built in the law cannot meet the social and economic development and legal system need,it must be updated on the basis of the concept of development.In this case,jurists began to rethink the Soviet Union's legal theory the impact of us,many scholars from the negative point of view this effect,clearing,clearing Soviet Union's legal theory and its influence as a new law of the predecessor task.For more than 30 years,with the deepening of the Socialist cause with Chinese characteristics,theories of socialism with Chinese characteristics has developed and enriched,the Socialist system with Chinese characteristics has been established and continuously improved,the Socialist road with Chinese characteristics has been opened and an enlarged.Therefore,we urgent need to build a system of socialist theory with Chinese characteristics,and to build socialism with Chinese characteristics on the basis of this law,to promote the rule of law,achieve the goal of rule of law in China.We built this legal theory and law system,is based on the legal practice of socialism with Chinese characteristics,also need to make full use of existing knowledge resources law,reasonable absorb and reference to Soviet Union's legal theory,said Western jurisprudence useful theoretical and scientific research methods.In this context,review and in-depth study of the Soviet Union's legal theory and legal effects of China it is very necessary and very valuable,because it not only helps us to understand Soviet Union's legal theory and legal effects of China's specific performance and development process,and get useful hints to promote law theory and the construction of legal system of socialism with Chinese characteristics.Research on Soviet Union's legal theory and legal effects of China,the first Soviet Union's legal theory must be content and attributes have a full understanding.Soviet Union's legal theory is the Soviet scholar of Marx,Engels,Lenin and Stalin's views and ideas about the legal system,and is also guided by the Marxist world Outlook and methodology and Marxist legal thought on socialist law,the essence of the rule of law and the theoretical.It includes the general principle and the two most socialist laws and legal principles.General principles of the law focused on the nature and purpose of the law,law and social phenomena such as economic,political,national,origin and development of the law,as well as issues such as the historical type.Socialist law and legal theory focuses on the Socialist concept of the rule of law and the necessity,essence and aim of Socialist law,Socialist law's relationship with economic,political,national,social,socialist legal system and socialist legal order and operation of Socialist law and other issues.We can see from the contents of the Soviet Union's legal theory,fundamental properties of the Soviet Union's legal theory with Marxism,as it stuck to the basic Marxist stand,explain the basic Marxist viewpoint and method.Soviet Union's legal theory has three distinct characteristics: one is the combination of the law and State study;the second is focusing on socialist law;the third is as a basis for building sector law.But there are some shortcomings: On the essence and functions of law,too much emphasis on the class nature of the law,ignore the law society;On the relationship between law and State,too much emphasis on dominant State law,ignored by the state's restrictive;On the relationship between law and politics,too much emphasis on policy decisions on law,ignored law restricting the policy role.50's of last century after the Soviet Union's legal theory was introduced into China,impacting deeply on the establishment of Chinese theory of law and department of legal science.From the theory of law in China,it is modelled on the legal theory of the Soviet Union,in full,following its basic views on the basis of the set up.First,the Soviet Union's legal theory on general principles of the law accepted by Chinese scholars,and was implanted in our jurisprudence.Chinese scholars in accordance with the views of the Soviet Union's legal theory,explained the nature and purpose of the law,law and social phenomena such as economic,political,national,origin and development of the law,as well as issues such as the historical types.Second,Soviet Union's legal theory on socialist law and legal principles is also introduced into China constitutes an important part of our jurisprudence.Chinese scholars in accordance with the basic views of the scholars of the Soviet Union,discusses the Socialist concept of rule of law and the need for,nature and purpose of the Socialist law,Socialist law's relationship with economic,political,national,social,socialist legal system and socialist legal order and operation of Socialist law and other issues.Meanwhile,Soviet Union's legal theory discussion on jurisprudence class nature,criticism and construction of basic tasks,materialist dialectical research method,was introduced in Chinese legal theory,forming a field of basic understanding of the law and jurisprudence.Starting from the early 80's of the last century,scholars from question,criticism of the class the basic perspective,negation theory of law science of the Soviet Union,many are abandoned or modified.They were introduced from Western theory on the basis of national law,according to the practice of China's socialist modernization construction to build socialist legal theory with Chinese characteristics.Since then,legal theory from the Soviet Union's influence on Chinese legal theory was declined generally.The profound influence of Soviet Union's legal theory on China's department of legal science we can learn from the science of Constitutional,criminal law and civil law in the analysis of knowledge.The first,Introduce of the Soviet Union's legal theory had a profound impact on our constitutional science,this impact mainly in the constitutional view,constitutional theory,and the view of discipline of the Constitution.From the view of the Constitution,under Soviet Union's legal theory concerning the nature,purpose,function and history type of law,our constitutional science established the Constitutional view of essence,tool and historical type.From the theory of constitutional system,Chinese constitutional science formed by the Constitution to the constitutional concept of,in accordance with the principle of Socialist Constitution and democratic principles,to build a people's democratic dictatorship and the theory of the people's Congress system as the content of the national system,to build ownership,planning principles and the principle of distribution according to work as the content of economic theory,to build the Socialist nature of the State institutions,the Socialist state of organization and activity principles of systems theory of national institutions,to build the Socialist national characteristics and protection of citizens' fundamental rights,citizens' basic rights and obligations of consistency of citizens' basic rights and obligations of system theory.From Constitution discipline awareness,Soviet Union's legal theory on the nature,tasks and methods of law and help us to establish awareness the class nature,basic tasks and dialectical methods of constitutional science.Since the 80's of the last century the Soviet Union's legal theory is questioned and criticized,Chinese scholars have suggested new constitutional view and innovated the system of the Constitution theory.Since then,legal theory from the Soviet Union's influence on Chinese constitutional science began to decline.Introduction of the Soviet Union's legal theory on China's criminal law science has a great effect,it mainly on the view of criminal law and the criminal system theory and the view of discipline of criminal law.From the view of criminal law,under Soviet Union's legal theory concerning the nature,purpose and function of law,our criminal law science establish the Constitutional view of essence,tool and function.From the criminal system theory,jurisprudence theory based on the class nature of the Soviet Union,on the one hand establish the class nature of the criminal law,resulting in harm to society as the core concept of the essence of the crime,and build up theories of crime including constitution of a crime,analogy,justifiable defense,act of rescue necessity,criminal pattern,common crime.On the other hand establish the class nature of the penalty and the penalty doctrine,and construct theories of the penalty system,measurement of penalty,execution of punishment,prescription.From criminal law discipline awareness,Soviet Union's legal theory on the nature,tasks and methods of law and help us to establish awareness the class nature,basic tasks and dialectical methods of criminal law science.In the 80's,as the Soviet Union legal theory was denied,it's influence on China's criminal law science gradually weakened,criminal law of new ideas and new theories are emerging.Introduction of the legal theory of the Soviet Union also had a huge influence on civil law in our country,this impact mainly on the view of civil law and the civil system theory and the view of discipline of civil law.From the view of the civil law,under Soviet Union's legal theory concerning the nature,purpose and function of law,and the theory of law and economic relations,our civil law science establish the view of essence,public law and tool.From the civil law theory,China's science of civil law as the guideline for the view of civil law formed by Soviet Union's legal theory,in accordance with the principle of Socialist ownership and plans,set up by citizens,legal persons as the content of the theory of civil subject system,set up by ownership of subject,object and protection as the content of the theory of ownership system,set up by using debt to the reason,performance,security and planning contract for the content of the obligation system theory.From civil law discipline awareness,Soviet Union's legal theory on the nature,tasks and methods of law and help us to establish awareness the class nature,basic tasks and dialectical methods of civil law science.Enter a new historical period,scholars from the influence of the Soviet Union's legal theory,put forward new views of civil law,civil law theory and research methods of civil law and to build a socialist law with Chinese characteristics.Revealing the Soviet Union's legal theory and legal effects of China and its changing process is important,but we are not stopping here,but on the basis of such influence was deep in thought,to get some inspiration,so as to better promote the law theory and the construction of legal system of socialism with Chinese characteristics.First of all,the Soviet Union's legal theory and legal affects China mainly for two reasons,namely,direct and driven.On one hand,after the founding of new China,the KMT Complete Book of Six Codes were abolished,we need to build a Marxist theory of law and Socialist law,but does not have the conditions to accomplish this task,and after more than 30 years of exploration of the Soviet Union has formed a Marxist theory of law,making the introduction of the theory of necessity and possibility;The other hand,China's "one-sided" policy and Socialist construction achievements made in the Soviet Union,the Soviet Union an important impetus for the introduction of legal theory.Secondly,the Soviet theory of law affect China's law has two important ways: Through legal education,learning and dissemination of the Soviet law,train talents of Soviet jurisprudence,build the Foundation for the Soviet Union's legal theory;Through criticism and movement,removed the old method,method of cleaning,transformation of the old staff,and clear the way for the Soviet Union's legal theory influence.Thirdly,the Soviet Union's legal theory on China's law has had two major effects.From a positive side,it helped set up,development of the Marxist theory of law and Socialist law,trained a legal team of Marxism in China from negative side,knowledge resources and research method has brought difficulties to the development of law in China.Finally,Soviet Union's legal theory and legal effects of China for building socialism with Chinese characteristics theory of law and legal system,provides four important aspects of enlightenment,which adhere to the Marxism for development of China's legal science,adhere to the practice path of China's legal science development,expansion of China's legal science development of knowledge resources,establishment of a good academic environment for China's legal science development.