1. The history of Chinese legal system is a science that studies the origin of China law and the essence, characteristics, functions, development and evolution process and laws of various types and stages of legal systems in history. It is not only an independent discipline in the legal system, but also a basic discipline of law and an important branch of history.
2. The history of China's legal thoughts is a science that studies the contents, essence, functions and characteristics of various legal concepts, theories and doctrines in the history of China, as well as the processes and laws of their emergence, development, mutual struggle or mutual absorption.
The relationship between China's legal history and China's legal thought history is that the ruling class's legal thought is closely related to the legal system.
The difference between the two is that the legal thought of the ruled class is not directly related to the legal system.
How to study Chinese legal history?
As an independent legal discipline, Chinese legal history has its own unique research methods. As far as the subject characteristics of China's legal history are concerned, it is not only a branch of law, but also a branch of history, and its content covers a wide range. Therefore, when studying and studying the history of Chinese legal system, we should master the following methods:
First, we must adhere to the method of historical materialism. When analyzing any legal phenomenon, we should combine the specific social reality at that time, analyze the historical environment behind it, set out from certain historical conditions, and realistically expound and evaluate various legal systems and legal theories in the history of China on the basis of objective historical facts.
Second, adhere to the class analysis method. Any kind of law in history is the expression of the interests and will of the ruling class. Therefore, only by considering the development and changes of the legal system in different periods in history from the perspective of class can we deeply understand its inherent essence.
Third, we should study history deeply and have detailed historical materials. Only by mastering several stages of the development of China's legal history, analyzing and identifying a large number of historical materials, and finding out the internal relations among them, can we sum up the regular understanding and combine history with theory.
Fourth, we should thoroughly understand the departmental law and skillfully combine legal theory with China's historical practice. With the knowledge of departmental law, it is helpful to understand all kinds of legal systems that have appeared in history, to analyze all kinds of legal phenomena, to truly unify history and reality, to combine reference with criticism, and to enhance the initiative and creativity of participating in the construction of democracy and legal system.