The Development Of Marxist’s View Of Private Law In China

Marxist view of private law is an important find in the history of westernprivate law; it even can be seen as a revolution of the history of the law. It makes thephilosophical analysis on the content like the nature and origin of law, economicbase and so on, from the perspective of Historical Materialism and dialectics. In hisseries of works, the founder of Marxism, in-depth exposition and criticism ofmodern private law. Marx through the study of Roman law, as well as on theformation and development of modern private law, focused on exploring the rule ofthe society of simple commodity more clearly defined by the Roman private law. Bydoing this, Marx wanted to find out the unity point between the civil society and theprivate law view of harmony；And finally got the private law concept and the idea ofthe socialist countries combined. At the same time, Marxists continued to enrichMarxism private law view, and made great contribution to the Marxist view ofprivate law. For many reasons, the Marxist view of private law in China’sdevelopment is relatively slow, the results achieved less. After the reform andopening up, nation-building returned to“taking economic construction as the mainline”, the private law view of Marxism in China really got well explication; today,the situation is in ascendant.The reason to obtain these results is that: first, the innovation of the model ofthe rule of law in China. With the arrival of the new period of socialist construction,our country showing gradual separation of society and state, this phenomenon hasbecome an inevitable fact accompanied by contemporary Chinese society intransition, is also an important manifestation of social progress and development.This separation of ongoing country under the rule of law and social construction laidthe foundation for the modern rule of law into a new connotation. Second, China’sgrowing civil society. To civil society has been significantly improved from the levelof autonomy and the extent of scale. Civil society on how to better play the"vanguard" role to play in maintaining social order and promote economicdevelopment. The proposal related to private law system and the private law of therelevant legal provisions is crucial. Third, the embodiment of the balance of nationalpower. As the national power is no longer anywhere, it makes that, opposite to thepublic law, the use and research of the private law got more attention of the people. But, at the same time, form a perfect system, there are a few defects embodiedin the private law view: not fully enjoys popular support, the private law text islagging behind in the drafting and the compilation of private law implementation isnot fully highlights. Fully reveal the implication of the primary stage of socialism,eliminate Tan Private mere mention of the phenomenon; in-depth study of the marketeconomy and civil society, to provide a realistic basis to clarify private lawreasonable; correctly distinguish between public power and civil rights, so that theprivate law to develop and apply to become a social consensus; to remove thenegative impact of traditional legal concepts, so that citizens have to become a legalstandard.