Abstract:

The principles of Marxist jurisprudence, with historical materialism as its foundation, reveal a revolutionary and critical spirit on human society, especially on legal phenomena in modern society. These principles guide our understanding of the realistic basis of legal source, uncover the nature of legal relationship, and ultimately help to find out the theoretical basis and realistic legitimacy of contemporary Chinese concept of rule of law through a brand-new understanding of Marx′s theory of social formation. These principles involve determinism and dialectical thinking with both realistic criticism and idealized narration to avoid falling into idealism or dogmatism. With its multiple theoretical perspectives, historical materialism points out a fundamental consensus on understanding the modern legal order, which is particularly instructive for us to understand the responsibility of contemporary Chinese concept of rule of law.

Key words: historical materialism, legal source, concept of rule of law