Socialist law is based on civil law system, “with modifications to help it suit Marxist-Leninist ideology.” (Knowledgerush.com. 2010) One of the key characteristics of Socialist law is that the individual is not able to own farming land. The land is owned by the state or there are agricultural co-operatives. In China for example, the state owns all of the land, but the individual owns the building that are placed on the land. This makes things harder for individuals to buy or sell any property. “Socialist legality postulates that in a socialist society, the law should serve as a tool to promote the development of socialism.”
(Bookrags.com, 2010) “The ultimate control of the legal system lay with the party leadership, which was not democratically elected by, and therefore not responsible to, the public at large.” (Bookrags.com, 2010) With this type of system the public can be arrested and held for no reason as has been seen in China was the recent Noble Peace Prize. Prior to the end of the Cold War Socialist Law was seen as the major legal system in most of the countries across the globe. “For most of the history of China, it has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction.” (Englishinfo.com, 2010)
In the Soviet Union “ a dictatorial trend developed that advocated the use of law and legal institutions to suppress all opposition to the regime.” (Citizendia.com, 2010) Unlike in other parts of the world this opposition does not give the citizens the ability to disagree with the governments thoughts or actions. Any opposition to the governments thoughts or ideas can result in the individual being arrested or detained.
ReferencesBookrags.com. (2010) Socialist Legality, retrieved 13 December 2010 from http://www.bookrags.com//wiki/Socialist_Legality Citizendia.com. (2010) Socialist Law, retrieved 13 December 2010 from http://citizendia.org/Socialist_law#Soviet_legal_theory Englishinfo.com. (2010) Chinese Law, retrieved 13 December 2010 from http://english.turkcebilgi.com/Chinese+law Knowledgerush.com. (2010) Socialist Law, retrieved 13 December 2010 from http://www.knowledgerush.com/kr/encyclopedia/Socialist_law/