Research On Marx's Legal Modernity Thought

What is the modernity of law? From ancient times to the present,especially in modern times,people have made a lot of explorations and studies on law and modernity,forming many research results and many academic schools,but there are few definitions and studies on the modernity of law as a concept or subject.The modernity of law is the essential stipulation in the process of modernization of the rule of law and the expression of modernity in the specific field of the rule of law.Although it is based on law and modernity,it is not a simple integration,and has its own essence,characteristics and movement development law.As an important theoretical achievement in the study of the modernity of law,Marx's thought on the modernity of Law is a scientific reflection of the essence and the historical development process of the modernity of law.It's an inheritance,criticism and transcendence to the modernity of capitalist law.It has a unique evolution logic and development process,has rich content and rigorous system.All of them are contained in its classics.Based on the realistic man,following the law's historical development law and taking "human-reality-freedom" as the main line,Marx criticized the modernity of capitalist law mercilessly from the dimensions of economy,politics and culture,and gradually constructed his own modernity thought of proletarian law,which provided a solution and outlet for solving the modernity crisis of capitalist law.China is in the critical period of socialist modernization construction.Modernity is the background of this process.Modern society is its social foundation and modernity is its essential stipulation.As an integral part and an important guarantee of the whole modernization construction,the construction of socialist rule of law with Chinese characteristics must respect its background and social foundation,fully absorb the nutrition of Marx's thought on the modernity of Law,shape the modernity of law with Chinese characteristics,and comprehensively promote the practice of ruling the country by law.This article is divided into seven parts:(1)Introduction;(2)Definition of the Modernity of Law;(3)Summary of Marx's thought on modernity of Law(4)Economic Dimension of Marx's thought on modernity of Law-Law and Civil Society;(5)Political Dimension of Marx's thought on modernity of Law-Law and State;(6)Cultural Dimension of Marx's thought on modernity of Law-Law and Ideology;(7)Contemporary Enlightenment of Marx's thought on modernity of Law.The introduction of this paper is divided into three parts.The first part is the background and significance of the topic,introducing the background,theoretical significance and practical significance of studying Marx's thought on the modernity of Law;the second part is the research summary at home and abroad;the third part is the research method of this article;the fourth part is the innovation and difficulty of this article.The first chapter: Definition of Modernity of Law.Through inducing and analyzing the etymology of law and many definitions of jurists at home and abroad,this paper clarifies the concept and characteristics of law.Through summarizing the different scholars' research achievements on modernity,comparing the modernity,traditionalism and post-modernity,this paper defines the concept and characteristics of modernity.On the basis of the definition of law and modernity,the core of this paper is clarified.It is the concept of the modernity of law.Its characteristics are as follows: right,openness,certainty,universality,autonomy and power balance.The second chapter: Definition of Marx's thought on modernity of Law.Through sorting out and analyzing the theoretical essentials of Hobbes,Locke,Rousseau and German classical philosophy of law represented by Kant and Hegel and their influence on the formation and development of Marx's thought on modernity of Law,this paper explores the theoretical origin of Marx's thought on modernity of Law.Through analyzing the formation process of Marx's thought on modernity of Law,which is the whole process of inheritance,criticism and transcendence to the modernity of capitalist law,this paper sorts out the historical evolution logic of Marx's thought on the modernity of Law.It is the relationship demonstration model of "human-realityfreedom".Through following the evolution logic,this paper defines the important symbol of the foundation,formation,emergence and development of Marx's thought on the modernity of Law.And summarize the Ideas of key symbolic texts.So the whole historical evolution of Marx's thought on modernity of Law is shown by the division of historical stages.By digging out Marx's new expositions on the origin,essence,motive force,subject and value of law,this paper summarizes the basic content of Marx's thought on modernity of law.Through comparative analysis,this paper reveals the essential characteristics of Marx's thought on modernity of law,that is,material origin,human nature,people's nature,historicity and criticism.The third chapter: The economic dimension of Marx's thought on modernity of law-law and civil society.Through combing the evolution process of civil society and its concepts,this paper defines the concept of civil society involved in this article.Through analyzing the internal relationship between civil society and modernity,civil society and the modernity of law,civil society and Marx's thought on modernity of Law,clarifies the necessity and importance of studying the relationship between law and civil society in civil society.Through analyzing the relationship between law and civil society in Marx's classical works such as,Critique of Hegel's Philosophy of Right,Economic and Philosophical Manuscripts of 1844,German Ideology,Preface of Critique of Political Economy,Capital and Marx's Anthropological Notes in his later years,reveals Marx's new discovery of the relationship between law and economy,that is,economy is the ultimate determinant of law and law is the tool of economy.In the economic dimension,it shows Marx's criticism process of the false independence of modern capitalist law,the process of revealing the objective economic attributes of law,and the process of exploring the modernity of the Communist "law" which abandons civil society.The fourth chapter: The political dimension of Marx's thought on modernity of law-law and state.Through combing the development process of modern state and the evolution process of its concept,this paper defines the concept of the country involved in this article.Through the analysis of the internal relationship between the state and modernity,the state and the modernity of law,the state and Marx's thought onf modernity of law,sorts out the necessity and importance of studying the relationship between the law and the state in Marx's thought of modernity of law.Through analyzing the relationship between law and state in Marx's classical works such as,Critique of Hegel's Philosophy of Right,German Ideology,French Class Struggle,Louis Bonaparte's Eighteenth Mist Moon,French Civil War and Criticism of Gotha Program,demonstrates Marx's new revelation of the relationship between law and the state,that is,law is the expression of the will of the state,and the state is the intermediary of the expression and realization of law.In the political dimension,it shows the process of revealing the hypocrisy of the universal will which is expressed in modern bourgeois law,the process of revealing the class will of law,and the process of exploring proletarian regime and legal system construction.The fifth chapter: The cultural dimension of Marx's thought on modernity of law-law and ideology.By explaining the relationship between ideology and culture andcombing the evolution process of the concept of ideology,defines the concept of ideology involved in this article.By analyzing the internal relationship between ideology and modernity,ideology and the modernity of law,ideology and Marx's thought on the modernity of law,sorts out the necessity and importance of studying the relationship between law and ideology.Through inducing and analyzing the relationship between law and ideology in Marx's classical works such as,German Ideology,Communist Manifest,French Class Struggle,Louis Bonaparte's Eighteenth Mist Moon,French Civil War,Criticism of Gotha Programme,reveals Marx's new understanding of the relationship between law and ideology,that is,law has the basic attributes and function of ideology,can provide political guarantee for ideology,and moves towards Communist "law" with the extinction of ideology.In the cultural dimension,it shows Marx's discovery of class ideology of modern capitalist law and his exploration of proletarian ideology construction.The sixth chapter: Contemporary Enlightenment of Marx's thought on modernity of law.By analyzing the special context of the modernization of the rule of law in China,this paper puts forward the overall thinking and concrete design of shaping the modernity of the law with Chinese characteristics.We should take the comprehensive and free development of human beings as the ultimate goal,take the universal realization of the common interests of the people as the realistic foundation,take the true expression of the common will of the people as the basic principle,and take Marx's scientific methodology as the guidance.We should develop the market economy to lay a solid economic foundation for shaping the modernity of the law with Chinese characteristics,build a Democratic State to provide a solid political guarantee for shaping the modernity of the law with Chinese characteristics,and create advanced culture to create excellent cultural conditions for shaping the modernity of law with Chinese characteristics.