The Development And Introspection Of Chinese Legal History During1980s

Chinese legal history is the basic discipline of Law,It clarifies the origins andrelationships of each division of the Law of historical development.The subject ofChinese legal history is a subject studying the Chinese legal history,Exploring howthe legal system in the Chinese history heritaged, developed and maintained,as well aswhat role it played in maintaining social order.After the founding of new China,in accordance with the development of the legalsystem of the former Soviet model,China established the socialist legal system。Underthe Class determinism thought,emphasizing on the class nature of national and legalrights,Class analysis provided an authoritative research method,Coupled by the impactof legal nihilism and political movements,the leagl system China has just establishedwas completely overthrowed,A decade long Cultural Revolution broke the rule of lawand made legal historians also at a standstill phase。After the Cultural Revolution in1976，disciplines reconstruction was put on the agenda.In September1979, the firstNational Legal History Colloquium since the foundation of the nation was held inChangchun,the chinese history discipline began to recover and develop.Since the1980s，With the conduct of the country’s reform and opening up,The legal historyscholars liberated their thinking and expanded the horizons, made more exploratory in research methods, By sorting out the development of the subject during this period,analyzing the research results with representative scholars, Summarizingexperiences and lessons learned in developing the discipline, this paper try to revealthe rules governing the development of China’s legal history. This article is dividedinto three chapters for the specific analysis and research:By introducing the external environment and internal conditions for thedevelopment of the1980s’ Chinese legal history, the First chapter Introduces thedevelopment of Legal History during this period, revealing the relationship betweenthe discipline and the prevailing of social environment background。The Second Chapter introduces from the conversion of research methods,respectively, from the general history, dating history, the history of sectoral laws, theperspective of the minority legal history, describing the development of the legalhistoriography during this period. Thus drawing the importance of the development ofthe legal history subject during this period.By vertical comparation between the founding of the nation to1980s and1990s,horizontal comparison of the same period in Taiwan legal history, the thirdchapter clarifies the characteristics of the development of the Chinese legal history inthe1980s,describes the reflection and hidden worries of the develop of the legalhistory subject as well as its deep meaning to the process of chinese rule of law.