Li Zheng: The Logical Approach and Future Orientation of Constructing the Independent Knowledge System of Chinese Law

Author: Li Zheng, chief expert of the major project of the National Social Science Fund "Strengthening the rule of law thinking, using legal means to lead and govern the country", and vice president of the Central University of Finance and Economics

General Secretary Xi Jinping pointed out: "Accelerating the construction of philosophy and social sciences with Chinese characteristics, in the final analysis, is to build China's independent knowledge system. We should take China as a mirror, take the times as a mirror, base ourselves on China's reality, solve China's problems, constantly promote the creative transformation and innovative development of China's excellent traditional culture, and constantly promote knowledge innovation, theoretical innovation, and method innovation, so that philosophy and social sciences with Chinese characteristics truly stand out in the world's academic forest. " Law is an important part of philosophy and social science with Chinese characteristics. Building an independent knowledge system of Chinese law is an inevitable requirement for the implementation of Xi Jinping's idea of the rule of law, the only way to innovate and develop the socialist theory of the rule of law with Chinese characteristics, and an integral part of adhering to the rule of law in an all-round way and promoting the construction of China under the rule of law.

The Advantages of Constructing the Independent Knowledge System of Chinese Law

The profound historical background and extensive practical foundation of the rule of law in China have enabled the rule of law in China to maintain its prominence in the increase of legal knowledge and its superiority in the practice of rule of law construction, and at the same time, it has bred the autonomy of China's legal knowledge system.

This autonomy is embodied in three levels of theoretical integration: first, adhere to the basic principles of Marxist historical materialism and dialectics, and realize the combination of the "basic methods" of scientific socialism and the "legal materials" in the new historical context; The second is to absorb the wisdom elements in the excellent traditional legal culture of China and the beneficial nourishment in the world's excellent legal civilization, and make it consistent with the socialist core values and the contemporary concept of consensus on the rule of law; The third is to sum up the great practice of the Party leading the people to follow the path of socialist rule of law with Chinese characteristics, and cast the successful experience of the Party in enforcing the rule of law into the major strategy of comprehensively governing the country by law in the new era. As the culmination of this theoretical integration, Xi Jinping's thought on the rule of law is the latest achievement of the sinicization and modernization of Marxist theory on the rule of law. It contains a regular understanding of the development of the rule of law civilization and the construction of legal theory at all times and in all countries, as well as practical rationality and theoretical character based on national conditions, overall planning, and integrity and innovation. It is the fundamental follow and action guide for comprehensively governing the country according to law, It is also the fundamental guiding ideology for building the independent knowledge system of Chinese law.

The Task of Constructing the Independent Knowledge System of Chinese Law

To construct the independent knowledge system of Chinese jurisprudence, we must emphasize the subjectivity, originality and identity. Subjectivity means independence, initiative and goal, originality means novelty, creation and breakthrough, and identity means uniqueness, distinctiveness and distinction.

The inheritance of Chinese rule of law culture, the scale of rule of law practice and the richness of rule of law scenes do not necessarily translate into legal knowledge productivity. To construct the independent knowledge system of Chinese legal science from these three dimensions, we must take Xi Jinping's rule of law thought as the guide, complete four tasks step by step, and experience a system building process from concept to discourse to academic to discipline. First, refine the concept of identity. There are three requirements: be able to explain the legal life of China; It is a concept that is used by people rather than self created by academic individuals; It is of historic value. Secondly, the discourse is supported by concepts. Starting from the concept, form relevant expressions, condense and realize the generation of discourse. Thirdly, the academic is supported by discourse. The discourse continues to inherit, precipitate and iterate, gradually forming a stable and self consistent academic ecosystem. Fourth, academic support disciplines. In the academic ecosystem, concepts, discourses, and academics continue to develop and inherit, thus forming a sustainable discipline system.

This kind of theoretical construction and innovation guided by the production of legal knowledge follows the logical route from point to line and then to surface. In the process of progressive production and inductive generation, the independent knowledge system of Chinese jurisprudence will gradually develop its unique subjectivity, rich originality and remarkable identity.

The Growth Mode of the Independent Knowledge System of Chinese Legal Science

The construction of the independent knowledge system of Chinese legal science includes two core elements: knowledge production and knowledge form. Knowledge production focuses on how to produce the independent knowledge of Chinese law, and aims to solve the kinetic energy problem of the independent knowledge system of Chinese law, that is, its life clue and internal power; The knowledge form is based on how to arrange the generated legal knowledge, aiming at solving the potential energy problem of China's independent legal knowledge system, that is, its existence mode and external appearance. The independent knowledge system of Chinese legal science is growing in the mutual transformation of kinetic energy and potential energy.

The appreciation of legal knowledge depends on the refinement of the production factors of legal knowledge, namely "production materials" and the promotion of "production technology". The "production material" of legal knowledge is the source of legal knowledge. "refining" mainly refers to the development of the basic principles of Marxist law and the excellent traditional legal culture of China, as well as the transformation of the practical experience of the Party in leading the people to follow the path of socialist rule of law with Chinese characteristics; The "production technology" of legal knowledge is the legal research method. The "promotion" mainly refers to the selection and integration of Marxist legal theory, Chinese traditional legal research experience and extraterritorial legal research methods, thus generating a new paradigm of legal research that links the ancient and modern, and integrates China and the West. This highly independent knowledge production provides an inexhaustible source of power for the construction of the independent knowledge system of Chinese jurisprudence.

The change and adjustment of legal knowledge form constantly promote the reconstruction of legal knowledge system. This system reconstruction is to gradually form an independent knowledge system of Chinese law with strong originality, self consistency in logic, mature theory and integration through the innovation and optimization of legal knowledge products. The independent knowledge system of Chinese legal science includes: a conceptual system that reflects a series of new ideas, new ideas and new assertions of the rule of law in the new era, a discourse system that reflects the practice and theoretical innovation of the rule of law, and integrates ancient and modern Chinese and foreign languages, an academic system that has an international perspective, leads the academic frontier, and serves the national strategy, and a disciplinary system that is reasonably arranged, clearly layered, and mutually supportive.

The Time Value of the Independent Knowledge System of Chinese Legal Science

The independent knowledge system of Chinese legal science is generated from the practice of rule of law in China, and will certainly contribute to the construction of a rule of law China. Xi Jinping's thought on the rule of law is a fundamental and scientific guide to excavate the characteristics of the rule of law civilization, inherit the gene of the rule of law culture, base on the practice of the rule of law construction, answer the practical problems of the rule of law, and face the future of the rule of law in China. Under the guidance of Xi Jinping's thought on the rule of law, we should adhere to the practical, historical, dialectical and developmental perspective, inherit the value pursuit and spiritual identity of China's excellent traditional legal culture, stand in the great practice of the Party's leadership of the people in promoting the construction of the socialist rule of law with Chinese characteristics, and build an independent knowledge system of Chinese law that can stand the test of the people, history and practice, It will open a new chapter in the comprehensive rule of law and the construction of China under the rule of law in the new era.

The independent knowledge system of Chinese legal science is not only of Chinese significance, but also of world significance. The independent knowledge system of Chinese legal science condenses the profound accumulation of historical traditions, rich experience in the practice of rule of law, rational judgment on the problems of the times and long-term planning for future development in the Chinese nation's journey to great rejuvenation, demonstrates the Chinese style of clearing the world with distinctive Chinese propositions, and writes vivid and colorful Chinese narratives with rich Chinese experience Create a clear Chinese mark with rigorous and scientific Chinese knowledge. The independent knowledge system of Chinese legal science is not only to answer the question of the rule of law in China, but also to answer the question of the rule of law in the world. It will serve as a Chinese solution to the world's rule of law problems and face the future of the global rule of law, showing the world significance of creating a new form of human rule of law civilization and the consensus pursuit of building a community of shared future for humanity.