Table of ContentsII23ChapterTwo Nature and Objectsof Jurisprudence24Section 1Nature of Jurisprudence25I. Jurisprudence as the General Theory of Legal Science26II.Jurisprudence as the Fundamental Theory of Legal Science27III. Jurisprudence as the Methodology of Legal Science :27IV. Jurisprudence as the Ideology of Legal Science28Section2Objects of Jurisprudence28I.“"Fali" as Objects of JurisprudenceII.Semantics and Meaning of"Fali"2937Section 3Significance and Methods of Studying Jurisprudence37I. Significance of Studying Jurisprudence39II. Methods of Studying Jurisprudence43ChapterThreeTheBirthandDevelopmentofMarxist Legal Theory44Section1The Formation and Development of Marxist Legal Theory44I.TheFormation of Marxist Legal Theory46II. The Development of Marxist Legal Theory47III.The Great Revolution of Marxist Legal Theory48IV. Lenin's Inheritance and Development of Marxist Legal Theory49Section 2The Development of Marxist Legal Theory in China49I. The First Historic Leap50II.TheSecond Historic Leap54III. The Third Great LeapPartTwoBasicConcepts of JurisprudenceChapterFourLawandPositiveLaw6566Section 1 Linguistic Analysis of"Law" and“Positive Law66I."Law" and“Positive Law" in Ancient and Modern Chinese LanguageII."Law","Positive Law"” and Related Concepts in Western Language6667Section2Essence of Law67I. Exposition of the Essence of Law by Classical Marxist Writers69II. The Class Essence of Law71III. The Essence of Law Determined by the Material Living Conditions of a Particular Society72Section3Basic Characteristics of LawI. Law as Norms of Conduct for Regulating Social Relations ....72
Tableof ContentsIIII.Law as Norms of Conduct Formulated or Recognized by the State73III. Law as Social Norms Stipulating Right and Duty74IV. Law as Social Norms Enforced by the State .74Section 4Functions of Law76I.Principles of Functions of Law76IL. Classifications of Functions of Law77III.Limitations of Law79Section5 Definition of Law80I.Definitions of Law in Legal History81II. Marxism's Definition of Lav83ChapterFiveSources,ClassificationsandValidityof Law85Section1 Sources of Law86I. Semantics of Sources of Law86II. Connotation of Sources of Law87III. Categories of Sources of Law87IV.Sources of Law in Contemporary China89Section2Classifications of Law91I.Domestic Law and Intermational Law91II.Public Law and Private Law92III. Written Law and Unwritten Law92IV. Substantive Law and Procedural Law92V.Basic Law and Common Law92VI. General Law and Special Law92Section3Validityof Law93I. Concept of Validity of Law93IL.Validity of Law and Efficacy of Law93III.Scope of Validity of Law94IV. Conflicts of Validity of Law and the Handling Principles96ChapterSixLegalSystem99Section1Definition of Legal System·100I.Concept and Characteristics of Legal System·100II.Similarities and Differences Between Legal System and Relevant Concepts.101Section 2Legal Departments and their Classification Criteria·1021. Concepts and Characteristics of Legal Departments·102II.Division Criteria of Legal Departments..·103
IVTableof Contents104Section3Socialist Legal Systemwith Chinese Characteristics105I. Constitution and Constitutional Law105II. Civil Law and Commercial Law106III.Administrative Law107IV.EconomicLaw:107V. Social Law107VI.Environmental Law108VII.Military Law108VIII. Criminal law108IX. Procedural Law and Non-Judicial Procedural Law111ChapterSeven ElementsofLaw112Section1IntroductiontoElementsof Law112I.Interpretation on Elements of Law·112II. Classifications of Elements of law113Section2Legal Concept113I. Definition of Legal Concept114II. Classifications of Legal Concept115Section 3Legal Rule115I. Definition of Legal RuleII. Classifications of Legal Rule 117119Section 4Legal Principle119I.Definition of Legal PrincipleI. Differences Between Legal Principle and Legal Rule121·121III. Classifications of Legal Principle122IV.Application of Legal Principle..125Chapter Eight RightandObligation126Section1Main Concepts of Right and Obligation in History·126I. Concepts of Right and Obligation in the History of Western Thoughts127II. Concepts of Right and Obligation in the History of Chinese Thoughts·128Section 2Conceptual Analysis of Right and Obligation·128I.Right and Obligation as the Core Concepts of Law·130II. Interpreting Right and Obligation·132Section3Classifications of Right and Obligation132I.Classification Based on Existing Forms of Right and Obligation133I.Classification Based on Social Contents Embodied inRight and Obligation
TableofContentsII.Classification of Based on the Scope of the Effect of Right and Obligation on People133IV.Classification Based on the Causal Relationship Between Right and Obligation·133V. Classification Based on the Way of Realizing the Will and Interests of the RightsSubjects According to Law·134VI.Classification Based on the Subjects of Rights·134Section 4 Relationships Between Right and Obligation.·134I.Structural Correlations135II.Quantitative Equivalence135III. Functional Complementarity135IV. Primary and Secondary Relations in Value136ChapterNineLegal Action139Section 1 Conceptual Analysis of Legal Action-.140I.Definitions of Action and Legal Action140II.Basic Characteristics of Legal Action142Section2Structure of Legal Action144I. Intrinsic Aspects of Legal Action144II. External Aspects of Legal Action·146Section 3Basic Classifications of Legal Action147L. Classification Based on the Nature and Characteristics of Subjects148II. Classification Based on the Legal Nature of Action:148IIL. Classification Based on the Forms and Relationships of Actions148ChapterTen LegalRelation·151Section1 Introduction to Legal Relation·152I.Definition of Legal Relation152II. Classifications of Legal Relation153Section2Subjects of Legal Relation.154I. Classifications of Subjects of Legal Relation154II.Qualifications of Subjects of Legal Relation156Section3Objects of Legal Relation·157I.Concept and Characteristics of Objects of Legal Relation·157II. Classifications of Objects of Legal Relation:158Section 4Formation,Modification and Termination of Legal Relation159I.ConditionsforFormation,Modification and Termination of Legal Relation159II.Classifications of Legal Fact160
VITableofContents·163ChapterEleven LegalResponsibility·164Section 1Introduction to Legal Responsibility164L. Interpretation on Legal Responsibility*167II. Composition of Legal Responsibility·169IHI. Classifications of Legal Responsibility·170Section 2Principles of Legal Responsibility170I. Definition of Principles of Legal Responsibility170II.Classifications of Principles of Legal Responsibility·172Section 3Determination and Imputation of Legal Responsibility172I. Definition of Determination and Attribution of Legal Responsibility·173II. Principles of Determination and Attribution of Legal Responsibility175Section 4Assumption of Legal Responsibility·175I. Assumption and Realization of Legal Responsibility177II. Assumption Methods of Legal ResponsibilityPartThreeOriginationand Developmentof Law·183ChapterTwelveHistoryof Law:184Section1 Origination of Law.·184I. Regulatory Mechanisms in Primitive Society185I. General Rules of Legal Origins·186IIl.Differences Between Law and Primitive Custom-187Section 2Historic Types of Law·187I. Definition of Historic Types of Law-188II. Legal Institutions of Slavery Society189III. Legal Institutions of Feudal Society·190IV. Legal Institutions of Capitalist Society192V. Socialist Legal Institutions of Contemporary China-195ChapterThirteen Evolutionof Law·196Section 1Introduction to Legal Evolution ...*196I. Connotations of Legal Evolution·196II. Theoretical Models and Practical Types of Legal Evolution198III.Basic Rules of Legal Evolution·198Section2Legal Inheritance198I. Concept of Legal Inheritance