Research On Marx’s Thought Of Land Law

Marx’s thought of land law is an important part of Marx’s legal thought.Marx’s thought of land law is an organic unity and a theoretical system of internal logic self-consistency.Marx’s thought of land law mainly includes Marx’s thought of land system change,Marx’s thought of state-owned land ownership,Marx’s thought of land customary law,and Marx’s thought of land law and geography.Marx’s thought of land law is the basic principle that has universal guiding significance to rural land policy and land legal system in various countries and nationalities,while this guidance belongs to macro guidance.Marx’s thought of land law must be combined with the specific practice of revolution and construction in various countries,as well as the specific situation of rural society.Only in this way,can it become the guide for the formulation of land policy and land system in the country.With the guidance of the thought of Marx land law,the collective leadership of the CPC Central Committee of Mao Zedong,Deng Xiaoping,Jiang Zemin,Hu Jintao and Xi Jinping,has combined the basic principle of the thought of Marx land law with the concrete practice of China’s new democratic revolution,socialist revolution and socialist construction.And they have formed the Sinicization of the land law thought in China,which has guided the land Policy evolution and land legal system change in every historical stage of China.This paper mainly expounds the basic content of Marx’s thought of land law from the following seven chapters: The first chapter is the introduction,which introduces the background and significance of the topic,literature review,research ideas and methods.The second chapter is the historical context of the formation of Marx’s land law thought.The formation of any theory or thought has its specific background and historical environment.As an integral part of Marx’s thought and theory,Marx’s land law thought has its historical background and theoretical origin.The background of the formation of Marx’s land law thought is not only economic,political,but also subjective.German classical philosophy,British classical political economics and utopian socialism constitute the theoretical origin of Marx’s land law thought.Marx’s land law thought is rich in content and complete in system,forming a complete system with self-consistent logic.The third chapter is the research of Marx’s thought of land system change.Marx’s thought of land system change is an integral part of Marxist theoretical system.With the guidance of dialectical materialism and historical materialism,Marx elaborated the process of land system change in primitive society,slave society,feudal society,capitalist society and socialist society in his works.And he expounded the different contents of land system in various social forms.Marx also revealed the dynamic mechanism of land institutional change in human society.In his viewpoint,the contradictory movement between productivity and production relations,as well as economic foundation and superstructure is the driving force of land institutional change in human society.Marx’s thought of land change system not only had a great influence in Western Europe and Russia,but also had an important influence on the land policy in the period of new democratic revolution and the change of land legal system since the foundation of new China.The combination of Marx’s thought of land system change with the practice of Chinese revolution and construction also produced the Marxist thought of land law with Chinese characteristics.These ideological achievements and theoretical systems have promoted the reform and innovation of China’s rural land system.The fourth chapter is the research of the state-owned thought of Marx’s land ownership.Marx’s thought of state-owned land ownership is an important part of Marx’s thought of land law.Based on the history of agricultural development in Western European capitalist countries such as Britain,Marx expounded his views on land nationalization.In Marx’s view,private ownership of land is not a natural right.It belongs to the historical category and has its historical process of emergence,development and extinction.Land nationalization is the inevitable result of the development of productive forces and the inevitable choice of the development of land system in human society.At the same time,Marx believed that different countries and regions have different historical approaches of land nationalization.As a scientific world outlook and methodology,Marx’s land nationalization can not only be applied to the land revolution struggle in Western Europe,but also has important guidance significance to the land revolution in Eastern countries.Marx’s thought of land nationalization can guide the land revolution in the new democratic revolution period and the land system structure in the early stage of socialist construction.It also has important enlightenment to the deepening reform of rural land system.The fifth chapter is the research of Marx’s thought of land customary law.In the ancient social history and other related classic works,Marx elaborated his understanding of land customary law and formed Marx’s thought of land customary law.Marx’s thought of land customary law is a systematic and complete system,mainly including Marx’s thought of land property right customary law,Marx’s thought of land circulation customary law,Marx’s thought of land inheritance customary law,and Marx’s theory of diversity of land customary law.Marx’s thought of land customary law has important enlightenment on the reform and innovation of rural land system in China.And it can provide the guidance for the current reform and innovation of rural land system.Marx’s thought of land customary law gives us a key to interpret China’s rural land customary law.In the process of the development and reform of rural land system,we should pay attention to the conflict and coordination of rural land customary law and national law in land ownership.We should pay attention to the confliction and coordination between rural land customary law and national law in land use right,the confliction and coordination between rural land customary law and national law in women’s land contractual management right,and the application of rural land customary law and national law in rural land,the confliction and coordination in the reform of rural land system.Judges,especially grassroots judges,should take the customary law of rural land seriously in the process of hearing rural land disputes.Chapter 6 is the research of the thought of Marx in land law and geography.Marx’s land law geography thought is a scientific thought theory system established by Marx,which based on historical materialism.Marx put forward different forms of land ownership under different geographical environment,such as tribal land ownership,classical ancient land ownership and feudal land ownership system,based on revealing the law of human social development.Marx thought that Asian production mode was not only the unique production mode in Asia,but also the land ownership form which was generally produced in the early stage of human society from the original social land public ownership to private ownership.Marx also proposed three forms of land ownership: land ownership in Asia,the land ownership in ancient times,the land ownership form of Germanic.Marx thought that land nationalization is an inevitable trend of the development of land ownership in human society.However,different geographical environment and different countries have different paths of land nationalization.Marx proposed direct land nationalization to United Kingdom.Marx proposed from land cooperative collectivization to land nationalization for France.Marx proposed dual track system of nationalization and collectivization for Germany.Marx proposed direct nationalization of land across the capitalist Kaftans gorge for Russia.Marx put forward the development road of land ownership in the eastern society,which based on the study of the Oriental society,as well as the different geographical conditions of the eastern society and the western society.Although Marx’s land law geography thought has its special background,it has important enlightenment and reference significance to the current rural land system reform in China.In the process of constructing the rural land system in China,we should take the foreign resources seriously and realize the localization of the foreign resources.The national law of rural land should take the civil society norms of rural land seriously,and realize the mutual supplement and complement of them.Local legislation of rural land should rely on local knowledge,and pay attention to the legal expression of local knowledge in the process of legislation.