| On the premise that Marxism legal thoughts have successfully prevail in China, thesinicization process of Marxism legal thoughts has gone through continuous development andinnovation with its combination with Chinese practice. Since every historical process has astarting point, then we come to the issue of the Chinese origin of Marxism legal thoughts.Based on the knowledge of the spread of Marxism legal thoughts and its relationship with thesinicization process, the aim of this paper is to study the sinicization process of Marxism legalthoughts, examine the significance of the Chinese origin of Marxism legal thoughts in thesinicization process of Marxism legal thoughts, summarize the origin’s significance andlimitations, and therefore provide modern enlightenment for the continuous development ofthe sinicization process of Marxism legal thoughts.This paper contains the following five parts:The introduction discusses the cause and research significance of this paper, the cause oftaking the May Fourth Movement Period as study object and the current research situationrelated to this paper, and focuses on the research methods of internal history and unofficialhistory.Part one: in the late May Fourth Movement Period, Chinese origin of Marxism legalthoughts takes the articles of Li Dazhao and Hu Hanmin in that period as research texts,analyzes at that time the early Chinese Marxism propagators mainly explained some Marxismlegal thoughts which include historical materialism legal thoughts’ theoretical basis--theeconomic base determines the superstructure, viewpoint of class will of law, historicaldevelopment theory of law, relationship between law and economy, and free developmentviewpoint of human.Part two is from a viewpoint of unofficial history. The society and thoughts of the MayFourth Movement Period (1915-1918) use the research method of unofficial history toanalyze the relationship among Chinese origin of Marxism legal thoughts and social historical conditions at that time as well as the atmosphere of the times, and reveal the reason ofChinese origin of Marxism legal thoughts lies in relevance between historical materialism andrevolution according to political, economic and cultural conditions of the appearance anddevelopment of ideologists.Part three is from a viewpoint of internal history. The meaning of three big debates is torestore the characteristics of the debate of Marxism propagator against all kinds ofnon-Marxism and even anti-Marxism thoughts, and reveal the reason that they acceptedMarxism legal thoughts was they also tried to solve those China’s problems throughrevolution.Conclusion: firstly, the May Fourth Movement Period can be regarded as the Chineseorigin of Marxism legal thoughts, rather than the start of sinicization process of Marxism legalthoughts. The sinicization process of Marxism legal thoughts must possess practice. Secondly,the sinicization process of Marxism legal thoughts must complete the conversion fromrevolution to construction, adapt the requirement of new times, offer new wisdom andcontributions to the construction of rule of law with continuous innovation and transcendencybased on the current Chinese practice of rule of law. |
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