Law and Legislation being an Expression of Ruling Class Will:A Deep-rooted Distortion of Marx's Classical Thought
This paper attempts to solve a problem that has been widely circulated for a long time,is still widely circulated and has not been solved,that is,a principled wrong solution to an important classical thought of Marx.This wrong solution not only causes the misunderstanding of Marx's important classical thought in theory,but also has many adverse effects on the construction of our socialist legal system in practice.This misconception is that Marx saw the law and legislation as a product of the will of the ruling class.This misunderstanding gives the illusion that the rule of law is merely a vassal,an instrument,and a means of power and will,whereas Marx argued that it was wrong to say that the law was the expression of power(Hobbes's view)or of will(Hegel's view),that in essence the law is concerned neither with power nor with will,but only with productive forces and economic conditions of production.Economic conditions and productive forces constitute a balanced relation which can be specified with the precision of natural science,and the law and legislation have an unbalanced relation to productive forces and economic conditions on the basis of this balance.Generally speaking,the political system has the possibility of capricious power,which may make this imbalance extreme and trigger social revolution,while the rule of law has the possibility of keeping this imbalance within a moderate balance.In Marx's words,the political system was only a form of the legal system,showing the characteristics of strength and immediacy,but the legal system had the characteristics of long-term stability.The PRC is a socialist country,and has a longer plan than capitalist countries,so we need to establish and improve the legal system construction more than capitalist countries.
the lawlegislationproductive relationsbalanceunbalance
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