First, legal research should follow the basic viewpoints of Marxist jurisprudence and adhere to the four cardinal principles.
As the great founders of Marxism, Marx and Engels have a profound study of law. They once studied and discussed the legal theory and history, legal system and jurisprudence of European countries such as Britain and France at that time, and scientifically expounded the origin, essence, function and general law of law on this basis. Their scientific legal view is a great revolutionary leap in the history of legal thought and a guide for us to study law and legal system construction.
China socialist law is a highly political science established and developed under the leadership of the Communist Party of China (CPC) and under the guidance of Marxism-Leninism and Mao Zedong Thought. To learn law well, we must follow the basic viewpoints of Marxism on law, adhere to the socialist road, adhere to the people's democratic dictatorship, adhere to the leadership of the * * * production party, and adhere to the four cardinal principles of Marxism-Leninism and Mao Zedong Thought. Only in this way can we grasp the true meaning of socialist law in our study. For example, Marxism believes that law is the superstructure of a certain society, which depends on the economic foundation and reflects its characteristics and requirements. Civil law directly reflects social and economic relations. The ownership relationship in civil law reflects the ownership relationship; The relationship between creditor's rights reflects the relationship between commodity exchange and circulation. When studying civil law, we should pay attention to the application of Marxist basic views on law, study the relationship between China's civil legislation and economic base, reveal the essence and characteristics of China's civil law, and clarify the inherent laws and functions of civil law as a part of the superstructure. This is true of studying civil law, and so is learning other courses.
Two, learning law, should focus on mastering the basic concepts, basic theories and basic knowledge.
China's socialist law has a strict scientific system and rich knowledge content. Self-study of law should first have a general understanding of the system and basic contents of law. Among the courses of law major, philosophy, political economy, revolutionary history of China and college Chinese are public courses, and the basic theory of law is the most basic and general legal principle, which is the basic course of law major. Learning this course well is of great guiding significance for other departments to study law. Criminal law, criminal procedure law, civil law, civil procedure law, marriage law, economic law and international law belong to departmental law (or application law). The business of notary lawyers is to learn the professional knowledge of notary lawyers, and the history of Chinese legal system belongs to the history of legal system.
Accurately mastering the basic theories, concepts and knowledge of various courses of law (that is, "three basics") is the key to learning law well. There are many basic concepts in law that need to be memorized. But we can't memorize. It is very important to understand the concept, to clarify the significance of this concept to explain the basic theory, and to clarify the differences between concepts. Only when you understand something can you deeply understand it, remember it firmly and use it vividly. For example, the attempted crime in criminal law refers to the fact that a crime has been committed and failed due to reasons other than the will of the offender. After remembering this definition, we should further grasp the characteristics of attempted crime, what kind of form it is, and what is the difference between it and crime preparation, crime suspension and crime completion. To learn a theory, we should know not only why it is, but also why it is. We should ask more questions and really know the truth.
Some basic concepts, nouns and terms in law are professional and rigorous, so we must think deeply and understand them accurately. At the same time, we should also pay attention to grasping the key points on the basis of comprehensive study. For example, civil law realizes its function of adjusting social relations through civil legal relations. Therefore, civil legal relationship occupies a core position in civil law. To study civil law, we must attach importance to the basic theory as the subject, content and object of civil legal relationship. Ownership, creditor's rights, inheritance rights, copyright and invention rights in civil law are all concrete manifestations of civil legal relations. Grasping this key means grasping the outline of civil law. This is very important for understanding and mastering the basic theory and knowledge of civil law.
Three, the study of law, should take the law as the main learning material, clear legal provisions.
Law is a social science that studies law and legal phenomena. The emergence of law is based on the emergence and development of law. To study law, we must take the current national laws and regulations as the basis, take legal theory as the guidance, deeply analyze and study the legislative provisions, and understand and master the legislative spirit. If learning is limited to teaching materials and ignores the provisions of the law, the purpose of learning cannot be achieved.
Take the Criminal Procedure Law as an example. At present, China not only has an independent and complete Criminal Procedure Law of People's Republic of China (PRC), but also has decisions and regulations made by the legislature independently according to the development and needs of the situation, such as the Decision on Accelerating the Procedure of Trial of Criminals Seriously Endangering Social Security and the Supplementary Provisions on the Time Limit for Handling Criminal Cases. These legal provisions scientifically sum up the practical experience of criminal proceedings, and legalize and institutionalize the mature policies of the party and the state, which are the guidelines that judicial organs and participants in criminal proceedings must strictly abide by. The study and research of criminal procedure law textbooks must be based on these legal provisions. To study law, we must firmly grasp the basic theory of law, be familiar with relevant legal provisions, pay attention to studying newly promulgated legal documents at any time, update and enrich our legal knowledge, and consciously use legal weapons.
Fourth, pay attention to the systematization and coherence of knowledge.
For example, the constitution has completely different characteristics from other countries' laws. It is different from ordinary laws in content, legal effect, formulation and revision procedures, and occupies a particularly important position in a country's legal system. When studying other contents of constitutional law, we should pay attention to linking this feature with related issues. In this way, we can theoretically understand more deeply why the national nature, political system and economic system of our country should be stipulated in the Constitution, why the construction of socialist spiritual civilization should be emphasized as a principle of the Constitution, what is the significance of stipulating the basic rights and obligations of our citizens in the Constitution, and what is the significance of stipulating in China producer party constitution that "the Party must act within the scope of the Constitution and laws" to ensure the implementation of the Constitution. For another example, the tax law part of the economic law specifically expounds the characteristics of the tax legal system. The criminal law stipulates the crime of tax evasion and refusal to pay taxes. Considering that paying taxes according to law is a basic obligation of citizens stipulated in China's current constitution, we will further understand the necessity of such a provision and the significance of the second step of changing taxes from profits to benefits for state-owned enterprises to invigorate enterprises and expand their autonomy.
In learning, we should also pay attention to the organic connection of knowledge between disciplines, which is very beneficial to deepen understanding and master relevant knowledge. For example, jurisdiction in international law and spatial effect in criminal law, age and capacity of criminal subjects in criminal law and capacity of natural persons in civil law, penalties in criminal law and compulsory measures in criminal proceedings, probation in criminal law and execution outside prison in criminal proceedings, etc.
Fifth, pay attention to the combination of theory and practice.
Law is a highly theoretical and practical subject. Many legal provisions and legal principles come from practice and are closely related to practice. Therefore, when studying law, we must pay attention to integrating theory with practice, with social reality, and with China's legislative and judicial reality. Only in this way can we deepen our understanding of legal theory and learn lively. There are many ways to connect with reality, such as collecting materials published in newspapers, sitting in on the trial of cases, and handling some cases if conditions permit. A simpler and more effective way is to learn from actual cases. For example, loan contracts, lease contracts, purchase and sale contracts, technology transfer contracts and processing contracts in economic law; Protection of ownership, intellectual property, reputation and property inheritance in civil law; The constitution of crime, self-defense, joint crime, combined punishment for several crimes and so on in criminal law.
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