Chinese Law 70 years of looking back and prospects
—— Huang Wenyi, Professor of Law School of Law School of Renmin University of China
October 29, 2019 09:09 Source: "China Social Sciences" Journal of Social Sciences, October 29, 2019, Issue 1803 Author: Reporter Wang Guanglu

The magnificent development history of 70 years of law in China,It is the Chinese Communist Party leading the Chinese people under the ever -changing international changes,Create a rare economic development and political stability "two major miracles" epic process part of the world,Both the brand of this era is deeply beaten,I wrote the legal chapter of this great epic。The relationship between the 70 -year development of Chinese law and its relationship with China's economic and social development and the development of world law、Future development prospects and other problems,Our reporter interviewed Huang Wenyi, a professor at the School of Law, Renmin University of China。

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  "China Social Sciences":70 years,What development stages have the development of Chinese law,What kind of achievements have been achieved at each stage?

  Huang Wenyi:According to the era of the Party Central Committee for the 70 -year development process of New China,The 70 -year journey of Chinese Law can be divided into three major historical periods,That is, the first 30 years of New China (1949-1978)、New period of reform and opening up (1978-2012)、Since the 18th National Congress of the Communist Party of China (2012 to the present)。

The first 30 years of law in New China is criticizing the old legal system of the old law、Under the historical conditions of building a new legal system for new law。First, the dominant position of Marxist law is fully established。The older generation of jurists sort out and builds the essence of Marxist law about law、Function、Origin、History type、Development rules、The theoretical point of view of the relationship between law and social phenomena,Lile the basic character of Chinese Marxist law。Second, the legal discipline system was initially explored。Based on the results of the law of the Soviet Union,Explore the establishment of the theory of the country and the law、Constitution、Administrative Law、Criminal Law、Civil Law、Marriage Law、Labor Law、Criminal Procedure Law、International Law and other disciplines,The basic topic of each discipline was initially established、Basic category and basic views。Third, the issue of the national basic legal system was thoroughly studied。Leaders of the older generation of jurist or drafted the laws such as the Constitution and the Marriage Law and the Land Reform Law,Research and drafting the "Criminal Law", "Criminal Procedure Law" and "Civil Law" and other legal drafts drafts。If there is no knowledge accumulation and theoretical preparation of legal knowledge in the previous 30 years,The large -scale legislative pattern in the early days of reform and opening up is difficult to appear。

The great process of reform and opening up since 1978,Open the golden development period of Chinese law,Realized academic prosperity、Team Development、Greater growth。From the perspective of the construction of the subject,This period,Chinese Laws strive to establish and improve its own subject system、System、Theoretical system、bet365 Play online games Method System,Gradually established autonomy、Image of mature social sciences。From the perspective of the relationship with the rule of law,Chinese Law actively participate in practice、Lead Practice、Service Practice,Promoting the change of the concept of the rule of law、Innovation of legal system、Reform of the rule of law system、Culture Construction of rule of law,Become a Shengli Army in China。From the perspective of the relationship with world law,Chinese Law independently launched a large -scale legal knowledge introduction action,Extensive absorption of advanced legal achievements of countries around the world,Fast integration into the global legal system,Quickly keep up with the pace of world legal advancement。

From 2012 to the present,Although the development of Chinese law in the new era is only a few years,But has taken the steps of steady steps of the hoof,presents a new and new weather and new pattern。Under the guidance of the new strategy of governing the country in accordance with the law,Chinese Law academic territory expands at unprecedented speed,Internal Law and Regulations、National Security Law、Supervision Law、Network Law、Data Law、Emerging disciplines such as artificial intelligence law emerged,Law of the Law of the Law、Industry rule of law、Foreign -related rule of law、Foreign -related rule of law、Studies in the rule of law and other research are spectacular。Under the guidance of accelerating the construction of a new strategy for the construction of philosophy and social sciences with Chinese characteristics,Chinese Law insists not to forget the original、Absorb foreign、Facing Future,Deepen the concept、Theory、Method innovation,In the construction of a law system with Chinese characteristics、academic system、The discourse system has achieved new achievements。

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  "China Social Sciences":What is the relationship between the 70 -year development of Chinese law and the economic and social development of the entire country, especially the construction of democracy and rule of law?

  Huang Wenyi:The thoughts and theories of each nation,Both of the unique historical memory and practical experience of the nation and the rational extraction。

On the one hand,National economic and social development, especially the practice of democratic rule of law, constitutes the origin of the development of Chinese law,Born and promoted the major development achievements of Chinese law in the multiple sense。

First,The huge rule of law in the practice of economic and social development,It is a powerful motivation for the innovation and development of law。Engels once said,Once there is a technical need for society,Then this need will be more scientific than ten universities。Construction and Reform Practice in the past 70 years,I proposed a series of complex legal law topics to law scholars。where,Many topics are Chinese questions that cannot provide ready -made answers,If you strengthen and improve the party's leadership of the rule of law、Establish and improve the socialist legal system with Chinese characteristics、Building a socialist rule of law system with Chinese characteristics。It is because a large number of jurists actively respond to practical needs,Research various realistic topics,The field of law has achieved a series of theoretical bet365 best casino games results with distinctive Chinese characteristics。

2,A large number of fresh experience accumulated in economic and social development practice,Provides unique practical resources for legal research。70 years,Lead the people in the party to manage the country、In the great practice of governing society,A large number of Chinese wisdom has emerged、Local original experience that embodies the laws of governance,Especially in the field of democratic rule of law, many practical knowledge and experience that is different from the rule of law。These silent knowledge and operating experience,It constitutes the inexhaustible legal research、Connected intellectual resources,attract more and more jurists for professional theoretical processing、Academic Refining,Make it sublimated to the concept category of localization、Proposition Judgment、Theoretical doctrine。

third,The broad social stage provided by economic and social development practice,It is a rare platform for being tolerant and testing the results of various legal research。Contemporary China is the most complicated development of the world in the world,It has still occurred the most extensive and profound social change in the history of our country,The most grand and unique practical innovation in human history。This great practice of no ancients,Both the fight for the theory of law、Legal academic flowers provide deep fertile soil,Application test for various legal theoretical views、Correction and improvement creates a broad space。This is an important reason for the prosperity and development of Chinese law for more than 40 years in the 70 years since the founding of New China.。

On the other hand,Chinese Law provides a steady stream of ideological motivation for national economic and social development, especially democratic rule of law.、Theoretical resources、Intelligence support,I have made irreplaceable important contributions。

First,Promote the construction of modern rule of law。Look from modern nation -state,The ideology of rule of law is an important part of the ideology of the country,is the theoretical guide for the construction of the rule of law in the country。70 years,As a national ideology, the theory of Chinese rule of law has experienced three historic leaps,produced three major iconic theoretical results,That is Mao Zedong's legal thought、Theory of the rule of law of socialism with Chinese characteristics、General Secretary Xi Jinping comprehensively governing the country in accordance with the law, new ideas, new ideas and new strategies。Under the party's leadership,Several generations of jurists in New China have always actively participated in the national rule of law discourse processing、Refine on the proposition of the rule of law、The theoretical innovation of the rule of law,It played an important role in the process of building these three iconic theoretical theoretical results。

2,Promote the construction of a modern legal norm system。Construction of the modern legal norm system,It is both the main project of the construction of the system of modern nation,It is also an institutional guarantee for the healthy development of the economy and society。China has gone through 70 years to complete the legislative process of many countries for two or three hundred years,Building a legal norm system with Chinese characteristics with the Constitution as the commander Bet365 lotto review of the Constitution。This legal specification system,Drafting from frame structure design to important laws and regulations,In -depth participation of legal scholars,All condenses the ideological wisdom of legal scholars。

third,Promote the construction of a modern rule of law operation system。Construction of the operation system of modern rule of law,It is an important content of the construction of a modern national national governance system,It is related to economic and healthy development、Social fairness and justice、People live in peace and work。Law scholars on the basis of in -depth research on the rule of law system of contemporary worlds,Implementation of innovation and improvement of the Constitution、Scientific legislation、Strict law enforcement、Justice justice、Many research results proposed in the system and mechanism of rule of law education,All have been converted into the decision content of the party and the country,Promoting the modernization of the rule of law operation system。

fourth,Promote the construction of a modern rule of law。Cultivate modern rule of law culture,It is an important content of developing advanced socialism,Is improving the people's consciousness、Moral standard、The meaning of the literacy of civilization。70 years,Law experts and scholars through classroom teaching、Book of books、Media Interview、The rule of law preach、Legal services and other channels,To young students、Cadres and employees and the public spread the concept of modern rule of law、Spirit、Knowledge,Promoting the whole society to enhance the concept of modern rule of law。

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  "China Social Sciences":From the perspective of discipline development,What important achievements and experience have been achieved in the development of Chinese law in 70 years? From the perspective of world law,How to evaluate the development of Chinese law in the past 70 years?

  Huang Wenyi:70 years,The foundation of Chinese Law Discipline has produced rich research results。First,Preliminary constructing a law system with Chinese characteristics。The legal community has always attached great importance to subject classification、Construction and development issues,It has initially formed a series of secondary levels、Level 3、Level 4 disciplines, including practice、Full door category、Division of fine legal discipline system。Second,Preliminary constructing a system of legal science with Chinese characteristics。From theoretical Law、Constitution to the law of various departments,Main law disciplines have established various characteristics、Strict structure、The category system of self -containing integration。third,Before constructing a legal theoretical system with Chinese characteristics。After 70 years of knowledge accumulation,The field of law is no longer a grocery yard with scattered stacked in various perspectives,but a variety of theoretical supermarkets。Each major discipline has produced some originality、Theoretical results of iconic meaning,The disciplinary theoretical system was initially formed。fourth,Preliminary constructing a legal methodology system with Chinese characteristics。Research methods used in the field of law are becoming increasingly diversified、Professional、Refined,And has formed a variety of complementary academic paradigms and research roads,Scientificization of Law Studies、The image of rationalization is gradually established。

70 years,The journey of Chinese Law is very extraordinary,It is not easy to achieve the achievement,Experience is precious。First, always insist on using Marxism as a guidance。This is the fundamental sign of contemporary Chinese law.,It is also the fundamental guarantee for contemporary Chinese law to always develop in the correct direction。Second, the practice of the construction of socialist rule of law。Vigorously promote the truth of truth、Traditional traditions of schools in Jingbang,Du Xing theoretical research closely connect to the actual academic purpose,Actively explore the problem of difficulty in the practice of cracking down on the practice of the rule of law,Become a witness to become the cause of the rule of law in China、Builder、Innovative。Third is to fully draw the achievements of traditional Chinese legal civilization。In -depth excavation of the rich institutional heritage of traditional Chinese legal civilization,Creatively inherit the ideological achievements of traditional Chinese legal law,Let Chinese legal civilization radiate new glory in contemporary China and the world。Fourth is extensively absorbing the results of the rule of law in the world of law。Autonomous absorption and drawing on the outstanding legal achievements of the world's countries, especially Western countries,,Fourth is extensively absorbing the results of the rule of law in the world of law、Analysis Tool、Theoretical system,enable Chinese law to stand on the human legal and ideological plateau。Five is to continue to strengthen legal academic guidance management。The party and the country attach great importance to legal research,Constantly strengthen political leadership and work guidance,Building party and government management、Industry Guidance、Research system organized by the unit,Leading the healthy development of the law of law。Six is ​​to continue to strengthen the construction of legal academic teams。The field of law has formed a team of teachers in colleges and universities as the main body,Including social science think tank institutions、School of Administration of Party School、Law of the rule of law、Legal research teams engaged in legal and legal researchers in military colleges,Constructing a complete type、Echelon Connection、Law research talent system with a reasonable layout。

From the perspective of world law,The history of Chinese law development in 70 years is a academic history of Chinese law integration into the world law,After experiencing major changes that are integrated from "introduction" to "introduction" and "going global"。Since the 21st century,More and more Chinese jurists have published and published research results internationally,Make an equal academic exchange abroad,Any achievement of the rule of law of Chinese law from the international community,Let the world better understand Chinese legal tradition and modern rule of law。At the same time,Chinese jurists and their research results also bring new faces to the world law、New Sound、New elements,More and more attracting the attention and evaluation of the legal community in the world,It is becoming a new force that affects the world law pattern。

  Six prospects for the future development of Chinese law

"China Social Sciences":Generally speaking,What is the way to develop the research and the development of the rule of law in the future? What areas and directions need to focus on and develop?

  Huang Wenyi:Generally speaking,In the next 30 years, it will be the stage of the great development of the law of Chinese law。Future development prospects for Chinese law,I have the following six basic judgments。

First,The field of law will usher in a new round of opening up the country,Then it triggers the Disciplinary Layout Drama,Promote the systematic reconstruction of the subject system。The Law Discipline Figures we have used for decades,Basically the product of the era of industrial civilization,It has shown lag and discomfort。Many areas of emerging legal law,Such as internal party regulations、National Security、Social Governance、New technology, etc.,Whether it is its knowledge volume,Still the rule of law,It is surpassing some traditional second -level disciplines。The subject system of the law will be restructured and reshape。

2,Legal Knowledge Production Center will have a large transfer,Transfer from the law and practice institutions from the law institution,Legal expert group in the practice world will rise rapidly。In today's era of scientific and technological innovation and social development,Legal practice agencies in the front line of the construction of the rule of law,First encountering all kinds of more and more complicated emerging legal issues,It must also be effectively responding to these problems in the shortest time。The legal practitioners and legal researchers of the practical institution must track and deeply enter the legal practice of drastic changes in time。

third,Sinicization of Law Studies、The localization trend will be greatly enhanced。In the next 30 years,With the rapid development of domestic economy and society, especially science and technology,China will become a country in many fields or leading the leading position。Even today,We are mobile payment、Sharing Economy、Smart Political and Law、Many emerging legal laws in the fields of Internet justice and other areas,I haven't encountered it in other countries,It is even more impossible to have extravagant experience to learn from。This means,We have to develop more and more developed legal legal issues in pioneering as a pioneer country。It is in this sense,The localization road of Chinese law will go wider and wider。

fourth,Legal theoretical research will be creatively absorbed and borrowed from external law,More steering to autonomous summary to refine local law,Forming a legal system for Chinese style。70 years,The Chinese Communist Party leads the Chinese people on the basis of thousands of years of legal civilization,Relay explores a new type of rule of law civilization with originality in many aspects。In the next 30 years,This new type of rule of law civilization will continue to mature and set,Show a clearer appearance and image,Accumulate more practical experience and institutional elements that condense Chinese wisdom。Future Legal Theory Research,New materials for the rule of law by digging the rule of law、New elements,New experience of refining the practice of rule of law、New Wisdom,can be sublimated to a series of concept categories rigorous、Proposition judgment strict nirvation、The theoretical achievements with strict structural system,It can bet365 Play online games build a unique legal theoretical system in the world。

Fifth,Govern the Communist Party of China、Study on the issue of governing the party according to the rules,It will become the most growing field of Chinese law,It is also the most Chinese characteristic legal research field。The glorious achievements of China's development in 70 years make the world look at China。Overseas CCP school or international Chinese Communist Party has emerged internationally。No matter whether it is an international person with a friendly attitude,I am still an international person with an unfriendly attitude,Both recognize the Chinese Communist Party leading the Chinese people to show the world a unique form of national governance。In Contemporary China,How the party governs the country、How to control the party to govern the party,Is the most significant、One of the most serious academic research topics。Law of questioning as a university studying the country of governing the country,Nothing absent in this major topic,Not to be lost。

Sixth,After about 30 years of rapid development,Chinese Law will stand in the world with a new attitude,World Law is expected to usher in the Chinese era。In the past 300 years, it has been an era where Western law occupies a dominance。The construction of rule of law China, which has continued to advance on the basis of the past 70 years,It will be a rare new type of rule of law in human history。This experiment will create a reasonable element that absorbs Western rule of law、The new type of rule of law surpassed Western rule of law in the whole,Therefore, to build a different from Western law、Provide a sufficient practical foundation to the new law to the world law。Chinese Law in the next 30 years,It will shoulder the heavy responsibility of building this new law,Drives the mission of continuing to write a new chapter in the development of world legal。

Editor in charge: Zhang Jing
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