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Marx Legal Thinking On The Field Of Humanism

Posted on:2012-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:H L ZhangFull Text:PDF
GTID:2216330338470593Subject:History of development of Marxism
Abstract/Summary:PDF Full Text Request
People living in the natural world, and also created a human world; people living in the physical world, and also created a spiritual world. In the long history, the legal rights and humanity are the eternal theme of human society. A harmonious and progressive society should be rational and caring. Marxist tells us that theory is based on practice and in turn serves practice. Fully proved by history and reality, just as the the guiding role of Marxism in China, the thought on legal rights of MarX is also playing the guiding role in the construction of rule of law with Chinese characteristics. The process of construction the rule of law in China, everything is new attempt, including successes and setbacks. To better protect people's basic rights are no longer violated, social tragedy never occur again, reality calls for the Hunanism of the right thinking of Marxist. Therefore, safeguard the legitimate rights and interests, a complete end up to the uncommon incident, not only to respect the fundamental rights of citizens, but also respect for the rule of law in China, but also the respect of future society. Today, theorists focused on the treasure-house of Marxist thinking of the macro of the rule of law, few have systematically studied the specific legal rights of Ideas and Intentions. In view of this, under the guidance of scientific concept of development, this thesis attempt to inquiry the legal rights and humanity of Marxist. Full-text consists of three parts:Part I:the historical traces of Marxist legal right. This section first examine the thinking of Marx and legal rights arising from theoretical origin. Along the tracks of history to find the source, to find the right method produces the thought of Marx's theory. Secondly, with the change in world outlook of Marxism-classical writers, especially the formation of historical materialism, to explore the historical traces of Marxist legal right. The classic Marxist writers critically examine the law thinking of history, reveals the legal rights comes from people's needs, development, and to the people's fundamental interests. The excellence of Marxist classical writers on the law of right thinking is that they always placed on the development process of human history to study, and with the laws of social development and combine to achieve the right value from the law of historical materialism Instead of idealism, from the abstract to the concrete changes in the history of legal rights as a great "Copernican revolution. "This part is the starting point for this thesis.PartⅡ:the scientific connotation of Marxist legal right. Based on the above, under the guidance of Marx's philosophical principles and methods of the Thought of Marx's basic legal rights issues, thinking of the scientific connotation of legal rights, basic characteristics, the core value of the value of theoretical exploration and reflection, between the right to discovery method Ties are inseparable, even for a moment not leave. By interpreting the law the right of the main elements of Marxism with Chinese characteristics as the development of legal right to lay a solid ideological and theoretical basis. Part of this is an important aspect of this thesis.PartⅢ:The contemporary implication of Marxist legal right with humanity perspective study. Under the guide of the methodology of Marxist philosophy and world view, respectively, from how to approach the right person and the right and the State, legal rights and social relations point of view, produce three conclusions: "correct understanding of people-oriented legal right value as the goal, ""actively explore the law Realization of human rights rule of law, ""efforts to build a solid foundation of a harmonious socialist society ". Part of this is the significance of this thesis.On the " the people is the foundation of legal right " and the implication of the proposition, is the really thought on legal rights of Marx, and it is also the most of this knowledge is the use of the scientific development concept and building the rule of law, calls for a harmonious society and the practical needs.of the times. Marxist classical writers always think people are a natural attributes and social attributes of the unity of people of all social relationships, legal rights there should be a humane existence. Marx has been proved that human nature is not innate nature is evil or good ethics of the human nature, human nature, and so more than the environment point of view, but the sum of all social relations, it should be subject to the material in a certain society Living conditions of the decision. Primitive from a philosophical perspective and justice, "person" also should be the starting point of China Law and purpose of it's development. Rule of law should be the scientific development view of the socialist rule of law, should be "people-oriented " the rule of law. In the realization of the rule of law and the process of building a socialist harmonious society, the Marxist ideology of legal rights is a major issue, this research is a unceasing innovation process. How to build socialism legal rights with Chinese characteristics, for the transformation of the New China Law provides a solid theoretical support, and then try a new era in the context and historical opportunity to build a legal theory System with Chinese characteristics, Chinese style, is a very difficult and important work in the process of Marxism in China. History and reality tell us that we must follow the Marxist world outlook and methodology. There are still some major issues to be studied in depth, but all progress depend on humanity perspective study. This article is just a superficial understanding for this work and is no more than a beginning, all it's value is just to open the question.
Keywords/Search Tags:Marx, Legal right, Humanity perspective
PDF Full Text Request
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