The Characteristics Of Marxist Jurisprudence And Its Contemporary Value

Based on Dialectical Materialism and Historical Materialism founded by Marx and Engels, Marxist view of legal methodology is the core of Marxism Jurisprudence, which determines the orientation of legal studies. It also means a great deal to Socialist Ideal of Rules of Law. By far, law experts and scholars have been paid great attention to western legal methodology, but little to Marxist view of legal methodology. In the thesis, Marxist view of legal methodology is analyzed systematically in order to promote its application in legal research.In the beginning, current development of Marxist view of legal methodology is reviewed. Then, the definition of Marxist view of legal methodology is interpreted by the comparison of methodology, legal methodology and Marxist view of legal methodology. The importance is also highlighted as follows:First, as a guiding factor, it controls the orientation of legal research. Second, it influences the character of legal research.In the third chapter, a system of Marxist view of legal methodology is built via two different levels by studying Marxist classics deeply. In the first place, historical materialism is a fundamental principle while unifying principle of science and value has a strong guidance. Secondly, the class conflict analysis and social structure analysis form an organic whole. The interaction between each other is also studied. Then the basic principle of Marxism and concrete analysis method are compared with other legal thoughts on the methodology, which extends the connotation of Marxist view of legal methodology. Marxist legal methodology characteristics were analyzed from a juridical point of view in the forth chapter. Legal phenomenon is examined under a whole social system while deeply analyzing the intrinsic links between legal and economy, legal and Class. On the basis of empirical material both scientific law thinking and a narrative method have been established. The characters include the sociology tendency, the value of the non-neutrality and functional orientation.At last, the prospect of Marxist view of legal methodology is depicted, while its value on legal development is also discussed. One is the potential in promoting legal development. And another is for the need of academic criticism. Last but not least, it is benefit to the exchange of Chinese and western legal culture.