五四时期陈独秀法律思想述论

Chen Duxiu's Legal Thoughts in the Period of the May 4th Movement

五四时期的陈独秀顺应近代中国历史的发展趋势,完成了从民主主义法律观向马克思主义法律思想的转变。五四前期,他热衷于民主宪政建设,形成了以推崇法治、保障人权为主旨的民主主义法律观。五四后期,他将马克思主义唯物史观与中国国情相结合,重点研究了法与经济的关系、法的阶级属性和发展归宿、中国法制建设的基本目标、国民革命与法制变革的关系等问题,形成了马克思主义法律思想。陈独秀法律思想的发展变化具有鲜明的时代特点,揭示了中国法制建设的发展方向。

During the period of the May 4th Movement, Duxiu Chen had finished transit from the democratic to the Marxist legalism. At the beginning of the May 4th Movement, he was keen on the construction of democratic constitutionalism, which highly valued law and protection of human rights. At the end of the May 4th Movement, he adopted Marxist historical materialism by integrating it with China＇ s national situation, focusing on the relationship between law and economy, class consciousness embodied in law, destination of legal development, fundamental goal of the construction of the legal system in China, and the relationship between national revolution and legal reform, thus the formation of Chen＇ s Marxist legal thoughts. The development and change of Duxiu Chen＇ s legal thoughts were the product of that age; however, they revealed the pattern of how China＇ s legal system has been constructed.