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《Law and Modernization》 2017-05
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Reflections on the Source of Chinese Legal System from the Soviet Union

Yang Changyu;  
Over the past 40 years, Chinese legal scholars have made constant and widespread criticism of the negative effects of the Soviet Union law on China. This has basically clarified some issues concerning the history of thought and the history of legal system. The practice of China's law system has experienced three stages. At the initial stage of the new China, the construction of law system followed the example of the former Soviet Union, whose law system was characterized by a composition of different specialized bodies of laws. And after the completion of building the socialist law system with Chinese characteristics, China has entered the stage of achieving the general objectives pursued by the system of rule of law. Consequently, the status and function of law system becomes more obviously important. However, it is still necessary to reflect on the effect of the Soviet Union's law system on Chinese law system, because we are still facing many challenges, including the shortage of the theory of Chinese law system, the gap between theory and practice, and the theoretical innovation lagging behind the practical needs. In Soviet Union, there were four waves of heated discussions on the theory of law system lasting for nearly 50 years. The process of and the main issues involved in those discussions have great implications for us when we try to develop a new understanding of Chinese legal system.
【Fund】: 国家社科基金项目“俄罗斯法治进程中政治与宗教两种核心文化因素的影响力研究”(15BFX029)的阶段性成果
【CateGory Index】: D920.0
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