马克思的法律思想初探.docVIP

马克思的法律思想初探 　　摘要: 马克思第一次科学地揭示了法的起源、阶级本质及其基本规律, 从而在法学领域实现了一次彻底的革命。尤其是在法学理论和刑法学方面,通过深入的学习和研究马克思法律思想, 对于繁荣法学研究, 健全社会主义法制, 有着重大的理论意义和现实意义。 　　Abstract: Marx scientifically revealed law origin, class nature and its basic rule, thereby achieving a complete revolution in legal field. Studying Marx’s legal thought has great theoretic and practical significance to flourish the study of law and improve the socialist legal system. 　　关键词: 马克思的法律思想;法律的基本理论;刑法 　　Keywords:Marxs Legal Thought;the basic theory of law;criminal law 　　中图分类号:DF08 文献标识码:A文章编号:1006-4311(2010)08-0225-02 　　Engels once commented In every single field which Marx investigated -- and he investigated very many fields, none of them superficially -- in every field, even in that of mathematics, he made independent discoveries [1]Marx scientifically revealed law origin, class nature and its basic rule, thereby achieving a complete revolution in legal field. In the anniversary of Marx’s death, further studying Marx’s legal thought has great theoretic and practical significance to flourish the study of law and improve the socialist legal system. 　　Marxs legal thought occupies an important position in the treasury of Marxist theory. The majority of The Complete Works of Marx Engels (Vol. 1) is Law monograph and the frontispiece paper Assessment of Prussia recent censorship order is exactly a legal paper. Marx has formed a complete legal system in German Ideology and the Communist Party of appropriate words later co-written with Engels. And there is also a brilliant legal thought of Marx even in Critique of the Gotha Program, French civil war and other Letters, extracts written in his later period. Marxs legal thought is extensive and profound and this paper only discusses a little from the basic theory of law and criminal law theory. 　　1 　　The origin of the law is the first problem to encounter in jurisprudence. Some of the Jurists in all the past dynasties believed that law originated in God, some regarded law