Analysis On Chinese Jurisprudence Textbooks

Although few attentions had been given to them, Chinese legal science textbooks are still very important. At the early days of PRC's establishment, we transplanted the textbooks' title of "Theory on State and Law" from the former Soviet Union. In 80's of last century, the title was changed to "Elementary Legal Theory" while in 90's on the agreement of scholars, it was changed to "Jurisprudence" which was deemed as the appearance of an independent knowledge. However, when making a compare between them, no substantial changes were found except that theory about the state were moved to politics. Nowadays, contents of Jurisprudence textbooks in China have dropped behind legal research as well as the development of the society.Aftermath goes a brief introduction the four part of this paper. The first part of this paper starts from the way of thinking, the frame of theory, the method of research, the visual angle of research and the status quo to analysis the status quo to our Jurisprudence textbooks. At this part, the writer both affirm the progress of the textbooks and bring forward the problems exist in them. For example, the mainstream of class thinking, the pan-nationalism in theory, preservative of research, the singlism of visual angle, departure between Jurisprudence and other department of law, the departure between Jurisprudence and legal practice etc.The second part of thesis paper begins to analysis the cause of the above problems. Firstly, the legal science theory in former Soviet Union had threw great influence on China's legal research. Secondly, legalists in China are lack of autonomy. Thirdly, legal science itself has a very strong political susceptivity. Fourthly, those doing research on legal science are lack of interaction with practice resulting in lacking consciousness of finding problems. Lastly, there are gaps between study in China and that in other part of the world.The third part focuses on introduction of western Jurisprudence textbooks. The typical American Jurisprudence textbook "Before the law" and its Germany counterpart "Jurisprudence" written by Professor Dr.Bernd Rüthers as the main subjects of this paper, the former on behalf of Anglo-Saxon legal system and the later continental legal system. Despite that Anglo-Saxon legal system stresses on case law and practical research while continental system pays more attention to philosophy study, they share some common characters. First, they both attach importance to the relationship between Jurisprudence and practice problems which are all very reality. Second, they used to study on problems relating to both legal science and other legal departments. Third, they used to be more open-minded and multiple visual. All above are deserved of our learning.The final part puts forward several suggestions basing on former demonstrations. To the writer point of view, legal science is an opening subject where no stable answer could be given to lots of problems. And also because of my limited knowledge, instead of completely reconstruct after overthrow, I just laid out some suggestions, that is, we should transform our research method from practical to philosophical, from simply study within Jurisprudence area to trans-subject study, from remedy methodology to reconstruction methodology, from single visual to mulplism visual, from class research method to revolutional research method.