A Study Of Deng Xiaoping 's Legal Thought And Its Development

Deng Xiaoping’s legal thought comes from the combination of Marx’s theory of law and China modernization practice. It is a great theoretical fruits produced by the introducing Marx’s theory of law in china, and is Inheritance and development to Mao Zedong thought of law. Deng Xiaoping creatively put forward as follows views:"The rule of law must be strengthened with the same time of developing democracy"、 "Construction of economic and construction of the rule of law are the same important"、 "Legal education should grab from baby". He also emphasizes that there must be laws to go by, the laws must be observed and strictly enforced, and lawbreakers must be prosecuted, which are widely known as sixteen words of socialist legal basic principle. Deng Xiaoping’s legal thought is the first comprehensive and systematic answers to these questions of how to build socialism and socialist legal system in China, who is such a country that weak in legal tradition and backward in economically and culturally. So it points out the direction for Chesnee legal system construction, opens up a new realm of socialist legal construction.Deng Xiaoping Thought on legal system is formidable and rich in content. It relates to every aspects of China’s construction of socialist legal systemic. It has significant meanings to the Chinese socialist legal construction and law research. Today, China’s reform has entered a crucial period. The rule of law construction faces great challenge and risks. 《The Chinese Communist Party Central Committee’s decision on a number of important issues about comprehensively implementing governing the country by law》,decided on The party’s fourth plenary of eighteen session, sets construction of Chinese characteristics socialist legal system, building a socialist country ruled by law as the general goal of the construction of socialist law in the new period. But compared with the expectations of the people, there is still a big gap from a real modern socialist country ruled by law. The legal system’s imperfect, corruption of national staff, the people’s legal consciousness still exists in our society. This seriously restricts the development of the rule of law. To Walking out of predicament, overcoming the obstacles, we must review the essence of Deng Xiaoping’s thought of legal system; explore its great significance, to guide the construction of socialist law today with its scientific and rigorous standpoint, viewpoint and method.This paper is divided into five parts.The introduction outlines the background and meanings of this paper. And it outlines the related research status and research methods both at home and abroad.The second part analyzes the scientific connotation and scientific system of Deng Xiaoping’s thought of legal system.The third part describes in detail the sources and development course of Deng Xiaoping’s thought of legal system. Deng Xiaoping’s thought of legal system sources include two aspects:ideas source and practice source; Deng Xiaoping’s thought of legal system development process is divided into three periods:the formation period, mature period and embryonic period.The fourth part comprehensively discusses Deng Xiaoping’s thought of legal system main content:the legal value theory, legal system construction, legal system construction strategy theory on guiding principles, legal strategy. The legal value theory mainly discusses the goal and pursuit of legal value, whose core is the effect problem of legal system; Legal system construction strategy mainly analysis of the legal strategic and economic construction relationship, the party’s leadership, fighting against crime and so on. Legal system construction principle theory mainly discusses the meanings of sixteen words of socialist legal basic principle, which are there must be laws to go by, the laws must be observed and strictly enforced, and lawbreakers must be prosecuted. Legal system construction strategy theory mainly discussed, specific methods, which should be adopted in the construction of the socialist legal system, such as leading the construction of democracy and legal system step by step, not to engage in " big four " and strengthening legal education, and foster people legal awareness, enhancing the judicial organs and the judicial team building", "bold and absorbing the advanced experience of foreign countries.The fifth part reveals new development of Deng Xiaoping’s legal system though in present. It includes Jiang Zemin’s thought of ruling the country by the combination of law and virtue, Hu Jintao’s thought of "people-oriented" legal concept, legal concept of harmonious and Xi Jumping’s thought of the ruling by constitution, changing "formal rule of law" to "substantive rule of law", the new relationship between the party and law legal system. These thoughts are the inheritance and development of Deng Xiaoping’s thought of legal system madden by third generation, fourth generation and fifth generation leaders after Deng Xiaoping. And these though are also the latest theoretical achievement created by the combination of Marxism legal thoughts and Chinese legal practice. They enrich and develop the China characteristic socialist rule of law construction experience, add new wealth to the treasure house of human legal thought.