The Study On Justice In The Condition Of Socialist Rule Of Law

Socialist rule of law is another theoretical breakthrough of Marxism in China. Its specialty is decided by the socialism with Chinese characteristics. In the context of socialist rule of law, studies on justice must relate to Chinese conditions and general nature. Chinese low level of productive forces means China is still in the period of justice-seeking instead of justice-deviating. The specific contents of Justice under socialist rule of law should be decided by different context, which means we should achieve the dialectic unification of substantive justice and formal justice.This thesis contains three chapters:ChapterⅠ——introduction of social foundation of socialist rule of law under the environment of Chinese current legislation building. The socialism character and Chinese special characteristics constitute the special foundation of socialist rule of law. Socialism is the distribution proposition of Marxism, which means the establishment of justicial distribution system becomes one of aims of socialism legislation building.ChapterⅡ——through analysis of current theory of justice, this chapter summarized the basic category of substantive justice and formal justice. This chapter also explained the different requirements to each decided by socialist rule of law. In addition, this chapter conducted an analysis on the relationship between substantive justice and formal justice and pointed out that formal justice is the achieving method of substantive justice, substantive justice and formal justice are dialectic in the condition of socialism rule of law and substantive justice is the main facets of contradiction while formal justice is the side aspect.ChapterⅢ——the foundation of justice system in the condition of socialist rule of law. This chapter pointed out that there are three justice principles in the condition of socialist rule of law——human dignity, personal development in all-around way and social harmony. The specific contents of justice under socialist rule of law are explained from three aspects:legislation justice, judicature justice and administration justice.