Abstract: The legal freedom of capitalism is built on the base of philosophy of individualism, and the legal freedom of socialism is built on the base of Marxist social philosophy. Freedom of individual of capitalist legal system is authoritarianism, which emphasizes every individual to have equal rights of speech, religion, personal safety, especially individual private property ownership and so on. Socialist legal freedom is built on the basis of emphasis on equal individual basic human rights, stresses that the implementation of any right is not abstract, and requests specific social conditions. Equal rights of politics need the support of economic equality. The distribution, possession, management, and consumption of social wealth should be based on labor production. Only the personal property from labor income should be protected by the law. Legal freedom of socialism surpasses the one of capitalism, which is more beneficial to promote the progress of human civilization.

Key words: socialism, capitalism, the legal freedom