A Study Of Marx 's Legislation

Overall study of Marx’s legal thought is no longer a new topic in current academic circles, but a specific and systematical study of certain field of law is still few in number. Based on Marx’s legislativeideology, I will specialize in a certain part of Marx’slegal thought, with the purpose to summarize the ‘dynamic process’ of legislation among classical works of Marx, and to explore the values what Marx considered in legislation. This paper involves the following four key issues.The first part is about Marx`s definition of ‘law’ and ‘rule’. In this part, I will comment on the relationship between Marx and classical natural law school and historical law school. In this process I will take discussion of how ‘freedom’ and ‘rational’ carried out during legislation, and the positive and negative effect the ‘national spirit’, ‘habits’ and ‘tradition’ would bring during legislation. By the discussion, I try to figure out Marx’s standard of legislation(statutes).In the second part, the most characteristic part of Marx’s legal thought is his class analysis method of the law, which overly emphasis for a long time that lawful relationship is only the reflection of economic relationship. The negative effect of this method of analysis is that the law`s possibility of independent development lost, and its social public function decreased.In fact, Marx advocated to clearly divided boundaries of the management function which was produced in the common labor process with the management function which was produced by the nature of against in society.In the third part, we talk about that the legislative power reflects the existing political system, and what kind of democracy that the future form of social regime which Marx designed is. This paper will partially discuss Marx’s democratic thought, just around the two levels of democratic ideas---Marx`s discusses of "the legislative power" and "legislature". Based on this I would discuss the democracy in the future society which was designed by Marx.In the fourth part, I stress on the limitation of the response type legislation during China’s 30 years` political and economic system reform of exploration type with the partial understanding of Marx’s thought of law, namely legislation confirmation after reform achievements. At last I will eventually return to the essence of Marx`s legal thought, and conclude that the direction of the legislative reforms should transform from pure exploration model to the combination of exploration model and target model.