在进行四化建设的新的历史时期,我国法学研究如何适应这一形势,实现法学观念的更新,是近十几年来我国法学界一直争论的一个重要问题。在争论中,各种意见纷呈,莫衷一是。但大体可以分为相互对立的两种意见:一种是,以法是统治阶级的意志为核心的法学理论模式是一个“陈旧僵化”的模式,必须彻底“打破”,才能发展我国法学理论。这种意见一般被称为“更新论”法学。另一种是,对传统的法学理论体系持分析的、肯 In the new historical period of carrying out the four modernizations, how to adapt our jurisprudence study to this situation and to update the concept of jurisprudence has been an important issue that our country’s legal circle has been debating over the past decade or so. In the debate, all kinds of opinions are numerous and incomprehensible. However, they can be roughly divided into two kinds of views that are contradictory to each other: one is that the legal theory model with law as the will of the ruling class as an “old and rigid” model must be thoroughly “broken” to develop our legal theory. This opinion is generally referred to as “renewal theory” jurisprudence. The other is that the analysis of the traditional theoretical system of law, Ken