李大钊“马克思主义法学观”的形成及在中国的传播

The Formation of Li Dazhao’s "Marxist View of Law" and Its Dissemination in China

在中国共产党的早期领导人中,李大钊是少有的系统接受过西方现代法学教育者之一。李大钊的人生极为短暂,从思想史的角度进行观察,其人生大致可以分为前后两个阶段:立宪主义者和马克思主义者。早期的李大钊信奉法律,鼓吹通过立宪解决中国的政治问题;后期的李大钊则不再迷信法律。然而,若以法律思想进行观察,则可以发现两者既有区别又有联系。系统的法学教育,使李大钊较之中国共产党的其他领导人更加重视法律问题,并成为马克思主义法学在中国的最早传播者之一。李大钊所传播的马克思主义法学观深深地影响着此后中国共产党人对法律问题的认知。

Among early leaders of Communist Party of China,Li Dazhao stood out as one of the few that had received systematic modern western legal education.His brief life experience,observed from the perspective of intellectual history,can be roughly divided into two phases,i.e.first as a Constitutionist and then as a Marxist.Li Dazhao,in his early intellectual life,had believed in law and preached solving China’s political issues through the creation of a constitution,a belief that he held no more in later years.However,through the examination of legal philosophy,the transformation revealed both connection and distinction.His systematic legal education background had enabled him to pay more attention to law than his colleagues within CPC and hence he had become one of the earliest disseminators of Marxism legal science.The Marxism legal philosophy advocated by Li Dazhao had since then greatly influenced the understanding of legal issues by his communist comrades.