Research On Marx And Engels's Views On The Essence Of La

China’s legal theory should be guided by Marxism.This makes China’s legal theory face an unavoidable problem: how to understand the Marxist view of the essence of law in the field of responding to the practical requirements of China’s legal construction?Based on the classic texts of Marx and Engels,this paper attempts to analyze the existing views of interpreting the essence of Marx and Engels’ law from the perspective of "the will of the ruling class".From the dual perspective of in-depth analysis of the original meaning and care of Marx and Engels’ view of the essence of law and responding to the needs of the construction of the rule of law in contemporary China,This paper makes an interpretation of Marx and Engels’ view of the essence of law,which not only conforms to the original meaning of its classic text,but also can guide the practice of contemporary rule of law in China,so as to improve the practical explanatory power of Marxist legal theory and strengthen the guiding function of Marxism to legal theory.The final determinant of the law is the material production mode composed of social production relations in a certain historical stage.The most important part of the law is the expression of the behavior rules spontaneously formed by people in the social relations of production,which is the original meaning of Marx and Engels’ view about the essence of the law.However,the view about the essence of the law is submerged in the voluminous grand exposition of Marx and Engels.In addition,Marx and Engels also did not systematically demonstrate the generation logic of behavior rules in the social production relations.This leaves room for later theorists to interpret academically from different perspectives.Vishyky’s interpretation towards Marx and Engels’ view about the essence of the law from the perspective of the will theory of the ruling class regards the force as the foundation of the law,which is biased towards the revolutionary deconstruction of Marx and Engels’ exposition.It is a misreading towards the individual expositions of classical writers,which implies the internal logic of denying the rule of law and is not conducive to the construction of the rule of law in contemporary China.The interpretation from the perspective of the natural law reveals the inherent agreement between Marx and Engels’ view about the essence of the law and the theory of the natural law,but its claim that Marx and Engels’ theory of the law is one of the natural law is debatable.The analytical empirical law based on the separation of the law and morality interprets the Marx and Engels’ view about the essence of the law,which mistakenly recognizes the behavior rules in the social production relations as laws,and advocates that laws are both in the economic foundation and in the superstructure,deviating from the original meaning of Marx and Engels.From the perspective of economic determinism,apart from Pashukanis’ s Commodity Exchange Law,the representative viewpoints in China are "Rule Embryo Theory" put forward by Wang Yaohai and "Social Evaluation Theory" expounded by Zhang Hengshan.Compared with "Rule Embryo Theory","Social Evaluation Theory" logically and consistently explains the causes of the formation of behavior rules in the social production relations.Based on the "Social Evaluation Theory",using the "Three-person Society Theory" as the analytical framework,and combining with the relevant expositions of classical writers,the author complements the generation logic of the behavior rules in the social production relations that Marx and Engels did not systematically demonstrate.The behavior rules in the "Social Production Relations" are the consensus requirements formed by social groups evaluating repeated interactive behaviors in the material production practice according to the conscience and rational thinking mechanism,expressing people’s opposition or approval,and essentially belonging to moral customary rules.According to the "Three-person Society Theory",people will first form the concept of necessity based on the evaluation of behaviors that harm others,which is the concept of obligation,and then they will produce the concept of legitimacy based on the evaluation of behaviors that do not harm others,which is the concept of rights.The generation logic of behavior rules in the "Social Production Relations" can be summarized as follows,that is,the original obligation rules come into being first,then the right rules,and then the secondary obligation rules.This means that from the whole history of human material production practice,it can never be said that rights are dominant and rights are determined first.On the contrary,it is dominated by primary obligations and primary obligations are determined first.Obligations and rights are neither natural nor the product of national will,but come from people’s social material production practice.As the result of social groups’ Evaluation under the established historical conditions,the content of obligations and rights will change with the change of historical conditions.In this sense,eternal rights do not exist.In view of the important role of evaluation of social group formed in the behavior rules of social production relations,the author calls this reinterpreted Marx and Engels’ view about the essence of the law as the "View of Evaluating Law".Different from Vishyky’s interpretation which emphasizes the will of the ruling class,after reinterpretation,Marx and Engels’ view about the essence of the law emphasizes that the law comes from the behavior rules in the social production relations,and these behavior rules are the result of social groups’ evaluation of interactive behaviors in the social production relations according to the conscience and rational thinking mechanism,and exist before law.This view about the essence of the law means that the ruling class can’t make laws at will,even if the laws are made by the state and even embody the will of the ruling class on the surface,but in fact this will is determined by the realistic and objective behavior rules in the social production relations.At the same time,the reinterpretation of Marx and Engels’ view of the essence of law also finds a legal basis for law-abiding,and overcomes the problem that the "ruling class will theory" view of the essence of law cannot prove the obligation of law-abiding.After reinterpretation,Marx and Engels’ view about the essence of the law emphasizes the final decisive role of economy towards law.If there is no positive response to the "Tucker-Wood Proposition" which contains the thinking essence of "Mechanical Economic Determinism",it is suspected of defending the capital.Therefore,on the basis of analyzing the "Tucker-Wood Proposition" and the thinking essence behind the debate,this paper points out that Marx’s view of justice is different from the view of differential justice and equal justice based on material scarcity,but the view of productive justice.This view of justice determines the practical application limit of Marx and Engels’ view about the essence of the law after reinterpretation.