On The Thought Of Li Da's Philosophy Of Law

At present,the research on Li Da in the academic circles mainly focuses on the philosophy and the law thought.Scholars in the study of Li Da's thought that although his legal ideas,especially his jurisprudence thought of concern,were discussed,these studies have rarely risen to the level of philosophy of law.Although some scholars also stressed that Li Da's jurisprudence is the historical materialism in the field of law,they did not have a systematic discussion.It can be said that the study of Li Da's legal thought has not been able to grasp the unique achievements and important contributions of Li Da in the field of philosophy of law.Therefore,this paper will focus on discussing Li Da's contribution and achievement system in the philosophy of law.A comprehensive and systematic study of Li Da's philosophy of law is conducive to a comprehensive grasp of Li Da's philosophical thinking,to promoting China's philosophy of law,and to promoting China's socialist legal system.Li Da's philosophy of law is not the wood without root,or the water without the passive,but has a profound theoretical accumulation from born to grown.In this process,the legal philosophy thought of Marx and Engels,Lenin's legal philosophy thought,Hajime Kawakami and Hozumi Shigeto's modern Japanese Marxist legal philosophy thought and the traditional Chinese legal thoughts have an important influence on Li Da,and provide a theoretical source for the formation of his philosophy of law.Historical materialism and materialist dialectics are the greatest influence of Marx's philosophy of law on the thought of Li Da's philosophy of law.Li Da in the study of law philosophy,from first to last has adopted the view of historical materialism,and supported by the research methods of dialectical materialism.Li Da describes the origin and nature of the law,and he believes that the task of philosophy is to explain the method of the development of law,and the process of the development of law should pay attention to the dominant position of the people.He also discussed the relationship between law and freedom,which are influenced by Lenin.Li Da was influenced by Hajime Kawakami and the absorption of historical materialism and class struggle viewpoint,therefore he believes that the class consciousness is not equal to the social consciousness,social consciousness is the common sense for all members of society,and class consciousness represents the common sense of a class.The reason why people confuse the two concepts is that in the class society,the social consciousness is replaced by the class consciousness,but it is not the consciousness of the whole people.The bourgeois society is the case,but when the bourgeoisie consciousness cannot control the social consciousness,the consciousness of the proletariat will gradually grow,and through class struggles over its rule,to the socialist system to replace the capitalist system,socialist law instead of capitalist law,Hozumi Shigeto's influence on Li Da is mainly reflected in the two"outline of jurisprudence",one is the written by Hozumi Shigeto and translated by Li Da,and the other is the textbook written by Li Da.Li Da's "outline of jurisprudence"is from the style of drawing from the product of Hozumi Shigeto,but also made a lot of adjustments.This is particularly reflected in the classification of various schools of western jurisprudence,Hozumi Shigeto uses the classification of research methods,Li Da is classified according to time clues.From the content point of view,Li Da draws Hozumi Shigeto's evaluation of various schools of jurisprudence,but the specific genre and historical figures emphases have been adjusted,and they do focus on the historical background,further reveals the common defects of schools of jurisprudence.Li Da studied the basic problems of legal philosophy,and examined the relationship between law and morality.China's modern legal thought took the lead in introducing the western bourgeois legal concept into China,which exerted a subtle influence on Li Da's life in the early years and gave him an opportunity to contact with the outside world.To some extent,these ideas have had an important impact on the formation of Li Da's philosophy of law.On the basis of absorbing the ancient and modern legal philosophy,Li Da gradually formed his own philosophy of law through years of theoretical research and investigation of China's national conditions.This is a long process,from the birth to the formation of the three stages of development.The first stage is the gestation period of Li Da's philosophy of law(1917-1946),that is,from the October revolution to the "outline of jurisprudence" written by Li Da.During this period,he carries on the inspection to the labor legislation question,and the analysis to the country and the social question,which have promulgated the law development rule.During this period,his philosophy of law mainly has the following characteristics:first,he is not a special study of law,but in the process of learning and propaganda of Marx's theory of legal issues.Second,he is to study the social reality of China with Marx's theory,and to find a solution to the legal problems in china.Third,his philosophy of law has not yet formed a system at that time.But on the whole,Li Da has begun to do a lot of theoretical accumulation for the formation of legal philosophy.The second stage is the Li Da philosophy formation period(1947-1948 years).In 1947,Li Da's book "outline of jurisprudence" formally completed,which marks that his philosophy of law was officially formed,and this is the first time he systematic propaganda and introduction of Marx's philosophy of law.Li Da discusses the jurisprudence of the object,task and scope,expounds the research methods of jurisprudence,discusses the three basic questions of jurisprudence,jurisprudence of various schools,and explores the relationship between jurisprudence and philosophy.During this period,his philosophy of law has the following characteristics:first,with the guidance of Marx's theory,he uses the historical materialism and materialist dialectics two magic weapons to study the legal issues.Second,the face of the Kuomintang reactionaries of the high pressure policy will not compromise,adhere to the completion of the "outline of jurisprudence," the writing work for Marx's philosophy of law in China made an important contribution.Third,he criticizes the western jurisprudence schools and exposes their common defects.The third stage is the development of Li Da's philosophy of law(1949-1966),that is,from the founding of new China to the death of Li Da.Li Da discusses the background of the formation of new China's constitution,expounds the nature of the constitution of the new China,discusses the three basic problems of the constitution of the new China,and reveals the significance of the constitution of new china.During this period,his philosophy of law has the following characteristics:firstly,the basic theory of legal philosophy is applied in the field of law.He combines the study of legal philosophy and the social reality of China.After the founding of the People's Republic of China,Li Da took an active part in the discussion and practice of rule of law in new China.The content of Li Da's philosophy of law is extremely rich,which mainly includes the following aspects:first,the origin and essence of law.Li Da believes that the origin of law is the essence of law.In his view,the formation of the first class,and then there is a country,the emergence of class is the direct cause of the country.The ruling class wants to suppress the rebellious behavior of the ruled class,but cannot do without the help of the law,and the law itself depends on the existence of the state.The state provides strong support for the implementation of the law,while the law provides weapons for the country's order.Human history has experienced three forms of slavery society,feudal society and bourgeois society.The essence of law class of slave owners and slave two class antagonisms in the slave society,feudal society in the performance of the feudal landlord class and the working people of two class opposition,in bourgeois society to class of the bourgeoisie and the proletariat two class opposition.These classes are respectively expressed by the economic forms of their respective times,because the economic forms are different,and the essence of the law is different.Secondly,it is about the basic problems of legal philosophy.Li Da thinks that the philosophy of law is the basis of the research of other fields such as law.So he studies the basic problem of philosophy of law as the most important part,using the dialectical materialism as his research methods on several important relations in law research in detail,and in the paper the essence of law and the three basic attributes.In Li Da's view,the law and the state are complementary.The law is attached to the state and the state bears the law.The rule of law must be carried out by means of law.Law and the state are indispensable,what kind of country with what kind of law,the state can not be without the law,the law can not exist in non-state.In the final analysis,the law is attached to the country,and it provides a means for the state to protect the interests of the ruling class.According to the principle of unity of phenomenon and essence,Li Da examines the relationship between the phenomenon and essence of law.Li Da believes that the sum of all the legal relations of human society is the phenomenon of law,and the most fundamental relationship between these legal phenomena is the essence of law.Only by examining the phenomenon of law can we reveal the nature of law.In Li Da's view,the phenomenon of bourgeois law,on the surface,seems to protect the freedom of individuals.However,this freedom and equality is only on the surface,but in essence is not free and unequal.What the law really does is equal to freedom and is inequality on the other hand,which is unfair.According to the law of the unity of contradiction between content and form,Li Da examines the relationship between the form and content of bourgeois social law.Li Da believes that the content of the law is the property relationship,which is determined by the economic relationship of the property relationship,and the form of the law is the form of the economic relationship.Therefore,law is the sum of the national norms of economic relations.In the same way,the law of bourgeois society is to serve its economic activities;its purpose is to protect the economic structure of private ownership.Li Da also examines the relationship between law and morality.In Li Da's view,there is no need to force the distinction between law and morality.The law includes morality,morality also includes the law,the difference between them is not only including the moral law and not becoming part of the law of morality,or the morality has and has not become the legal.The moral which has become the law takes effect by the national compelling force to guarantee its implementation,and the moral which has not yet become law is to rely on everyone to abide by.Since the moral has become law,the nature of it is the same as legal.Li Da also reveals the nature of the legal and moral issues of the various schools of jurisprudence.What they call morality is the morality of the class,not the general,universal morality.The third is about the division and evaluation of various schools of jurisprudence.Li Da will be the ancient Greek schools of jurisprudence since ancient philosophy is divided into school,School of theology,medieval natural law school,law school,the metaphysics of the Historical School of law,School of law,philosophy and social analysis school,comparative law school and social law school.Li Da examines these genres of historical origin,social background and basic theory,the development process of these schools and their relationship in detail,and the contribution of these schools in the history and status,and also points out the common lack of their depression,that their thoughts are non scientific.Li Da put forward the principle of objectivity,the principle of integrity and the principle of development.Li Da believes that the law schools of jurisprudence did not reveal the development of law,but subjectively,consider the interests of the ruling class as law.But the truly scientific legal concept should reveal the development of law,based on objective reality as the research object.For Chinese,existing law and law related research are exotic,although in line with the rules of the development of the world,but not necessarily need to adapt to the social reality of the Chinese.This is the law of one of the most important questions,only from the law of Chinese social reality,the transformation of the law,to meet the needs of China social reality,in order to promote the progress of the society Chinese.Therefore,the study of Chinese legal philosophy must adhere to the principle of objectivity,and must be closely linked with the social reality of china.According to Li Da,according to materialist dialectics,everything in the world is generally connected with each other in the internal part of the legal phenomenon.Law is systematic and holistic.Therefore,when establishing the China legal system,researchers should adhere to the principle of integrity,fully consider the general relationship between the legal category,between each part of the comprehensive investigation method and the relationship between the part and the whole.Li Da believes that the law is in the development of the movement,this process is also part of the world and social development process.The essence of inherent law phenomenon and objective association is the development of law,this association is the unity of opposites,it is the root cause of the development of law,the law in the process of development from lower evolution as a senior form,evolution from the old form of new form.This is the law of the development of law.Therefore,the transformation of China's legal system and legal research should adhere to the principle of development,and closely integrate China's social reality,develop with the development of Chinese society.Li Da also studied the fundamental problem of philosophy of law.In Li Da's view,the fundamental problem of philosophy of law is to reveal the law of the development of law.The object of philosophy of law is "development rule" exposed the law,its task is to find and reveal the development rule of law,and its application in legal reform,in order to make the law and adapt to social reality,so as to promote social progress and development.The primary task is to reveal the Chinese philosophy of law legal development rules,recognizing that the law with the development of the world and the development of knowledge to adapt to specific period of law and the social reality,the secondary task is to put the legal rules in the development of Chinese social reality to make sure them adapt to each other and promote social development and progress.The process of supreme task of philosophy is to reveal the law of development with the development and progress of the society,to clarify its position in the world and society,but also to explore the legal and social relations,and to promote social progress and development.Li Da's philosophy of law has very distinctive features.The First feature is the historical materialism as the theoretical basis.When Li Da in the process of the evolution of the study of the legal system,and he always adhere to the application of historical materialism in them,not rigidly adhere to the variety of legal system in the history of the simple list,not confined to a single sector law combing the historical development process.Based on the dialectical relationship between the economic base and the legal system of the superstructure,Li Da connected the whole development process of the legal system.He not only reveals the law to reflect the economic structure,but also safeguard the economic interests of the ruling class as the fundamental purpose,and points out the relationship between economic structure and legal system,which are reflected from the legal nature,content and form.Li Da's research on the history of the evolution of the legal system is the first attempt to apply the materialist conception of history to the study of law,which forms an important method in the study of Marx's philosophy of law.The second feature is the materialist dialectics as the research method.Li Da is not only the materialist dialectics of application in the field of social history,but also the method of materialistic dialectics,the philosophy of law in the relationship between law and economic base,the essence of the law and the phenomenon of the legal relationship,the relationship between content and form a series of problems are analyzed.The third feature is the starting point of China's social reality.Li Da criticized the old China's legal research seriously from the national conditions,which blindly copied the western law.He emphasis that the study of philosophy of law must proceed from reality,clearly pointed out that the research method of philosophy Chinese method,firstly summarizes the world development and the development of law relationship;secondly,to study the relationship between Chinese social and legal development with the world development and the relation between the development of legal rules,the establishment can adapt to the development of the legal system in Chinese under the specific environment,the specific practice guidance Chinese law.In Li Da's view,only under the guidance of the scientific theory of Marxism,the law of the development of the world law can be combined with the reality of China,and the study of the Chinese legal philosophy can make substantial progress in the field of Marx.Only in this way can we reform the existing legal system in China,adapt to the social reality of China,and promote the development of Chinese society.Li Da believes in and develops of Marx's philosophy of law.First,he criticizes the various schools of legal philosophy by using the historical materialism.Li Da believes that Marx's philosophy is the scientific world outlook and methodology of science,which reveals the development law of nature,and reveals the law of development of human society,and combines theory and practice to guide the practice and promote the development of the whole world.Marx's philosophy of law is an important part of Marx's philosophy,and it is also the application and development of the basic principles of Marxism in the field of philosophy of law.The research object of Marx's philosophy of law is a legal phenomenon,which is not only a part of the world outlook,but also a part of the social concept.Historical materialism is a scientific view of society,it "in the most general outline,reflects the development of social history and the development of a unified law reflects the fundamental law of development and transformation of various forms of society of the special,reveals the basic law of social development,to guide people to understand and transform the society.That is to say,to establish a scientific concept of society is to use Marx's "social existence determines social consciousness" principle to study social phenomena,adhere to historical materialism as the foundation,research methods to materialist dialectics.Human society is a complex organism,which includes not only the economic base of productivity,production relations,but also the superstructure of law and politics.The phenomenon of law as a part of social phenomenon should not be isolated from other social phenomena.We must examine the legal phenomenon and the corresponding economic basis according to the different social and historical period,and explore the development of law.Li Da reviewed and criticized various schools of western philosophy of law from ancient times to the present.He believes that the research method of western philosophy of law schools have their own characteristics,such as analysis method and comparison method,but the method itself is too monotonous,if only use one method to study the law,the method will be inadequate.Of course,the most important thing is to stick with a philosophical perspective to examine the legal issues;Li Da also criticizes the philosophy of law schools view on fairness and justice,accusing them of just looking for justice in the unfair.Professor Tao Delin commented,"Li Da on dialectical materialism and historical materialism as a weapon to Books are numerous.Factions law works are organized into a well ordered system,given the criticism of the various law misses the mark of view,give the scientific explanation of the phenomenon of law of history and reality,give play to subtly revealed constitutional authority."Second,Li Da makes a comprehensive and systematic interpretation of the basic concepts and problems of legal philosophy.Marx and Engels made some research and exploration on the problems of philosophy of law,but they did not organize and prove it systematically.Li Da examines the basic content of the philosophy of law in Jurisprudence"Outline" in one book,of which the understanding and analysis include the four basic problems of the primitive nature of his law,law and philosophy of law,and these problems are summed up and summarized.Li Da believes that the law is the product of the state,its essential attribute is the class;the law and the state are complementary and inseparable,the law itself depends on the existence of the state,the state provides strong support for the implementation of the law,and provides legal weapons for the order of the state;the essence of the law contained in the phenomenon,and manifested through the phenomenon of substantive legal phenomenon,which is the embodiment of the class nature of law;the content of law is determined by the property relations and economic relations of the property relations,and the legal form is the economic relationship shown in form,so the law is about the economic relationship between the norms of the state total;law consists of morality,morality also includes the law,the difference between them is not only including some laws and immoral There is a difference between the moral of the law,or the difference between the morality that has become the law and the morality of the law.Three is the construction of the Chinese legal philosophy of Marx.Firstly,it defines the purpose of Marx's philosophy of law in China,and points out the research path of Chinese Marxist philosophy of law.Li Da systematically for the first time with Marx's philosophy view to guided the research work of philosophy of law,thought by dialectical materialism and historical materialism,discusses the philosophical problems of various law,and become "China's first use of the Marx doctrine of law one of the pioneers and passers-by".Li Da in the critique of the philosophy of law schools pointed out that the path of the philosophy of law should adhere to the basic concepts of historical materialism,Li Da analyzed and criticized the philosophy of law schools of thought,reveals their common economic defects "is influenced by their class being a determined";should adhere to combining the basic theory of the Marx doctrine and the China reality,Li Da in the book "modern sociology" in detail the"characteristics" of the social problems China this problem,he believes that in China's legal philosophy research work we must adhere to the Marx doctrine as a guide,and it is necessary to study the Chinese problem of capitalist development.He elaborates on my research work law philosophy in "jurisprudence outline",to "import" into"practical The only product ",based on the reality of China's law can meet the requirements of China's development,promote social progress in our country;should adhere to the Marx doctrine legal theory and practice experience Chinese law combined with the theory of Li Da in the" outline of jurisprudence "in detail for the first time will be applied to the study of Marx theory and philosophy of law.With the China conditions,promote the development of Marx's philosophy of law China,pointed out the direction for the research of Chinese philosophy.Secondly,it constructs the theoretical frame of Chinese Marx's legal philosophy.Although the existing outline of jurisprudence is not complete,it can be seen that Li Da constructed the theoretical framework of legal philosophy.The book in the first introduction is divided into three chapters to discuss the legal philosophy and world view and view of society,philosophy of law,object and scope,the task of philosophy of law research methods and other issues,among which the first chapter explores the relationship between philosophy and philosophy of science,he pointed out that the philosophy of law must be based on the scientific world view based on the philosophy of law "is through social view and accept the guidance of the world outlook",namely social values directly guide the world view of philosophy of law,indirect guidance of the philosophy of law;the second chapter discusses the object,method and scope of the task of philosophy,he pointed out that the object of legal philosophy is "the development of rule of law and its exposure.The task is to find and reveal the development rule of law,and its application in legal reform,in order to make the law and adapt to social reality,so as to promote social progress and development;the third chapter expounds The research method of philosophy of law,he pointed out that only objective logic(dialectical logic)is the scientific method of philosophy of law.In second,Li Da of ancient and medieval theology,philosophy of natural law school,the metaphysical and historical school and School of analysis,social philosophy and comparative jurisprudence,philosophy of law and social law school,each school has criticized their common defects,and points out the reason why they would have these shortcomings,after all is because they are determined by the economic basis,economic basis and their itself is very limited.In third,Li Da discusses the three basic problems of philosophy of law,namely law and national law,essence and phenomenon,the legal form and content,summed up the essence of law,reveals the three basic attributes of norms,mandatory law and order.Third,Li Da solves the"China to where to go",the reality of the problem.Li Da thought that the method of Marx's philosophy of law is used to study and solve practical problems China,he examines the development process of China social practice by historical materialism,points out the development direction and the way to solve the "where to go to the China" problem.Li Da's research on China's philosophy of law not only has important significance on practice,but also on the current construction of socialist rule of law in China.First,we must adhere to the "people-oriented" thinking.Li Da expressed his concern for the people in the process of publicizing the constitution of new china.In the "discussion" in a draft constitution in Li Da pointed out,"the common aspiration of people across the country over the years is to build a socialist society in China now,this desire has been reflected in the draft constitution".Thus,Li Da always regards the aspiration of the masses as an important issue in the investigation of the constitution of the new china.In today's Chinese society,the idea of "people oriented"has been paid attention to.In 2003,Hu Jintao put forward the Scientific Outlook on Development,pointed out that we must adhere to the "people-oriented",to achieve the comprehensive development of man.In his view,the concept of socialist law should adhere to the people-oriented thought,which is "people-oriented" in the field of law and expansion,but also the requirements of building a socialist harmonious society.General Secretary Xi Jinping also stressed the main status of the people,which is as the core values of the socialist rule of law construction.In his view,to adhere to the people's dominant position and apply to the construction of socialist rule of law is to safeguard the fundamental interests of the people as the fundamental goal.China development is to realize the all-around development of the people and for the welfare of the people as the starting point,the rule of law in the premise of insisting on the leadership of the party,give full play to people's democracy,protect the rights of citizens,urging citizens to fulfill their obligations,in order to achieve the goal of common prosperity.Two,we must adhere to the basic principles of the rule of law.China's socialist rule of law has always been an important goal of the rule of law in place of the rule of man,but to truly achieve the rule of law,both theoretical and legal practice,there are a variety of problems.Li Da's philosophy of law provides the basic principles for solving these specific problems in the practice of law:we must insist on proceeding from reality;Chinese must adhere to the leadership of the Communist Party;must adhere to the dominant position of the people must adhere to the principle of equality before the law.Third,we must adhere to the rule of law.General secretary Xi Jinping put forward the "four comprehensive" strategic layout,the overall rule of law is an important part of it,with the other "three comprehensive" together constitute a harmonious whole.Li Da's philosophy of law for us to comprehensively promote the rule of law:the direction must be clear the idea of promoting the rule of law and building a socialist country under the rule of law;we must perfect Chinese socialist theory of rule of law;we must solve our current problems.In particular,we should deal with the relationship between the rule of law and rule of virtue,the relationship between the party's policy and law,and judicial justice.As for Li Da's important position in the history of the development of Marx's philosophy of law,famous jurists of our country have made a very high evaluation of him.Han Depei believes that Li Da is trying to use Marx's viewpoint to open up a new way for the study of the law of our country,"The Outline of jurisprudence in today is still a precious heritage of China's law on the front".Professor He Huahui believes that the outline of jurisprudence is the first monograph on the theory of legal philosophy.It has the pioneering nature,has established the foundation to our country new law establishment".