Table of contents and summary
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1. The change of the main social contradictions and the modernization of the rule of law in the new era
Jiang Bixin, Professor, doctoral supervisor and doctor of law, School of law, Central South University.
Content abstract: the change of the main social contradictions is the basic basis for socialism with Chinese characteristics to enter the new era, and the major innovation of the theoretical system of socialism with Chinese characteristics. A comprehensive and correct understanding and profound analysis of the major social contradictions and changes in the new era requires not only responding to social needs by means of the rule of law, but also promoting the "supply side structural reform" of the rule of law. To carry out the supply side structural reform of the system and the rule of law, we should adhere to the guidance of problems, objectives and results, focus on the key points, make up for shortcomings, and strength items in building an effective supervision mechanism, standardizing the power relationship, and improving the evaluation and review mechanism, so as to realize the modernization of the governance system and governance capacity in China.
Key words: in the new era, the main contradiction of the society is the supply side structural reform of the rule of law modernization.
[theme discussion: Commemorating the 200th anniversary of Engels's birth]
2. Engels' outstanding contribution to Marxist law in his later years
Li long, senior professor of Humanities and Social Sciences, doctoral supervisor of Wuhan University, President of Human Rights Research Institute.
Abstract: Friedrich Engels is a classic Marxist writer and the principal of the international communist movement. As a close comrade in arms of Marx, the proletarian revolutionary mentor, he held high the great banner of the international communist movement and made an indelible and important contribution to the establishment, development and defense of Marxism. This article only makes the following three interpretations on his outstanding contributions to Marxist law in his later years: first, he scientifically reveals the mystery of the origin of law; second, he profoundly demonstrates the form of superstructure reaction; third, he focuses on the basis of "the inheritance of law".
Key words: origin of Engels' Marxist law inheritance of superstructure law
3. The development of Engels' Legal Thought -- in memory of the 200th anniversary of Engels' birth
Lu Shilun, professor and doctoral supervisor of Law School of Renmin University of China; ye Chuanxing, professor and postgraduate supervisor of Law School of Renmin University of China.
Abstract: Marx and Engels co founded the law of historical materialism. Engels made a unique and important contribution to the formation and development of Marxism and its historical materialism legal system. Engels' thoughts and discussions on legal issues run through his great life. The development of Engels' legal thought can be roughly divided into four stages: the first is the period when young Engels formed the revolutionary democratic legal concept; the second is the period when the historical materialism legal system was formed and announced in the middle and late 1940s; the third is the period when the historical materialism legal system was enriched and developed from the 1950s to the early 1980s; the fourth is the late years after the mid-1980s Engels continued to develop historical materialism law. On the 200th anniversary of Engels' birth, we restate the development of his legal thought and its core significance, so as to express our deep memory and high respect for him.
Key words: Engels' legal thought, Marxism, historical materialism of law
4. The unique way of the formation of historical materialism legal view
Gong tingtai, professor and doctoral supervisor of School of law, Nanjing Normal University, researcher of China Institute of modernization of rule of law, and researcher of Collaborative Innovation Center for regional development of rule of law in Jiangsu University.
Content abstract: Engels's historical materialism of law formed a unique way, mainly in his youth. The formation and development of Engels' legal world outlook is the result of family, school, profound background of the times, historical inevitability of social development and multiple factors of his own. Young Engels saw the decisive role of economic factors in social development, including the development of law, and saw that material interests, private ownership and mode of production are the economic basis of capitalist law. "The law oppresses the poor and the rich manage the law" is a wise saying that profoundly reflects the class attribute of capitalist rule of law. The fact that the rule of law shows extreme contradiction in theory and practice shows that Britain, the most civilized and typical capitalist country, is not a "rule of law" at all. The proletariat must completely change its oppressed and exploited non-human situation and break free from the shackles of the capitalist legal system, which can only be realized through its own strength. The struggle of the working class against the bourgeoisie has gone through a process from individual struggle to organized movement, from opposition to individual factory owners to opposition to the whole capitalist legal system, from legality to "illegal" (violent) struggle. Engels outlined the ideal prospect of the rule of law in the future society, that is, to deal with all social problems seriously and justly, to strive to improve the living standards of all people, so that everyone can freely develop his human nature. This is not only the main thought of Marxism, but also the ultimate goal and value pursuit of historical materialism.
Key words: Engels' early legal thought, historical materialism, legal view, the essence of capitalist rule of law, ideal prospect of rule of law
5. On Engels' judicial thought
Hu Yuhong, Professor, School of law, East China University of political science and law, and specially invited researcher, China Institute of legal modernization, Nanjing Normal University.
Content abstract: the judicial thought of Engels, the revolutionary tutor, is mainly reflected in three dimensions: on the origin and characteristics, justice is the inevitable product of private ownership and class emergence, because of which justice has class and political nature, but also has the mission of maintaining social order and social peace, because of which it also has social nature. In nature, judicial power is "the direct possession of the people", which has the nature of political power and social power at the same time. Judicial organs exercise their power independently. Jury system, public trial and trial supervision are indispensable system construction for the operation of judicial power. In the judicial principle, the main principles should be justice according to law, justice, equality and humanity. Engels' many legal judgments have important theoretical and practical significance for the construction of the socialist judicial system.
Key words: Engels' judicial thought the origin and characteristics of justice the nature of judicial power judicial system judicial principles
6. The formation of class analysis method in Engels' legal thought
Xu Xiao, lecturer, School of law, Henan Normal University, doctor of law.
Abstract: there are two basic ways to study the method of class analysis in Engels' legal thoughts. Their arguments point to the formation of the method of class analysis. The method of class analysis in Engels' legal thought originates from his ideological situation and his concern for the actual situation of the working people. Influenced by various ideas, Engels firmly stood on the position of the working class, and through personal observation, revealed the internal relations of the real individual, production activities, social division of labor, the generation of class, the nature of law and other propositions. Together with Marx, he expounded the scientific connotation of class analysis method and its important significance to the phenomenon of cognitive law. The method of class analysis is still an important method in the study of law, which should be further developed according to the new social class situation.
Key words: Engels' method of class analysis of legal thought historical materialism law
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7. Marxism's innovation on the goal of human rights -- from "self preservation" to "all-round development of human beings"
Li Chaoqun, lecturer, School of administrative law, Southwest University of political science and law, doctor of law.
Content abstract: Based on the enlightenment human rights discourse system of natural rights theory and the political and legal system of modern bourgeois republic, and based on the human nature setting of "atomic individual", the human rights goal is interpreted as "self preservation", which is essentially a kind of "alienation" of human rights goal. The criticism of "alienation" by the classical Marxist writers shows that the human rights goal of "self preservation" is not only a "low-level goal", but also a "misplaced goal", which is far from the height of human liberation. Under the grand vision of "human liberation", based on the theory of historical materialism, the classical Marxist writers, taking "human without essence" as the basis of human nature theory, revealed the more profound human rights goal of "human all-round development", and promoted the major innovation of the theory of human rights goal.
Key words: Marxism human rights goal self preservation human's all-round development
8. The right expression of Lenin's socialist democracy
Wang Jianguo is a distinguished professor and doctoral supervisor of law discipline of Zhengzhou University.
Abstract: as the inheritor of Marx and Engels' thoughts, Lenin expounded a series of thoughts on socialist democratic rights in the historical process of leading the socialist revolution, construction and Reform in Soviet Russia, and put their theories into the practice of the rule of law in Soviet Russia. Lenin's thought of democratic rights covers many aspects in the fields of politics, economy, society and law, including the ideal pursuit of establishing a Democratic Republic in politics to realize the freedom and equality of the people, the main right of the people to participate in the management of the country in economy, the democratic right of the people to know and express in social governance, the right to vote, the right to supervise and recall by law, and the implementation and protection of the people The realization of the Lord. Based on the rule of law mechanism of socialist democracy construction, Lenin deeply analyzed the right pattern, existence field and realization path of socialist democracy. It is still of great theoretical value and practical significance to study the right manifestation of Lenin's socialist democracy for the construction of socialist democracy and rule of law with Chinese characteristics today.
Key words: Lenin's socialist democratic view of rights
9. Annotation of Xing Tong Fu and the transformation of law in song and Yuan Dynasties
Peng Wei, postdoctoral researcher, Guanghua law school, Zhejiang University.
Content abstract: song and Yuan Dynasties is an important turning point in the development of ancient Chinese law. Many annotations of Xing Tong Fu are the true presentation of this process. The annotation of Xing Tong Fu contains the analysis of words and sentences, which is widely quoted in legal texts and cases, and adapted into musical formula, which is similar to the rich types of later Ming and Qing Dynasty's legal works. In song and Yuan Dynasties, the transformation of law study mainly reflected two characteristics of law study, one was the continuous emergence of a large number of law works, the other was that most of the law notes were private. There are two reasons for this transformation: the internal one is the objective need of judicial practice for legal annotation; the external one is the common lack of official legal education institutions and legal education texts. The transformation of law science in song and Yuan Dynasties is of great significance in the development of ancient Chinese law science, which can be called the comprehensive transformation of ancient law science in the subject, method and form of annotation. However, from the perspective of ancient Chinese law science including value level and academic level, the transformation of Law Science in song and Yuan Dynasties did not prevent the further decline of ancient law science.
Key words: criminal justice, legal annotation, legal civilization
10. The power attribute and legal regulation of court fine
Wang Shitao, professor and doctoral supervisor of Law School of Dalian Maritime University.
Abstract: the court's power of fine does not belong to judicial power but administrative power,