Lenin Judicial Thought

Vladimir Ilich Lenin is the founder of the first socialism nation in the world. According to the actual political and economical conditions of Russia at that time, he elaborated a series of theories and doctrines about the judicial power on the basis of inheriting and developing Marxist theory of nation and law. He had pushed the theory about the judicial power to another new stage. The creation and development of Lenin's thought about the judicature and the judicial practice after the October Revolution of Russia symbolized that two kinds of opposite theory and system about the judicial power of the capitalist and socialist. Because of the ideological inherent antagonism of capitalism and socialism, the political system and system of government are different between the socialist states and the capitalist states. Therefore, Lenin's thought about the socialist judicature is completely different with the judicial theories of the bourgeoisie scholars. Those are radically two kinds of different theoretical patterns and political doctrines.Lenin's thoughts about the judicature were formed and developed in the long years of revolution and construction of the Soviet socialist legal system led by Lenin. The theories on building the political power of the socialist states including the theory of ultimate popular sovereignty, the system of democratic centralism, the principle of unity of legal system and the theory of supervision of state power compose the logical starting point of Lenin's thoughts and theories about the judicature. On criticizing the judicial limitations of the bourgeois, Lenin expatiated a series of though and ideas such as the judicial independence, the judicial equality, the judicial democracy, the supervision to the judicature and the judicial impartiality that embody the judicial civilization of mankind. Lenin's judicial ideas had ever made a directional function on how to construct the system of the court and the public prosecution. In light of these thought and ideas, Lenin made some conception of socialist judiciary system and applied them to the socialist judicature construction of Russian initial stage.Lenin's thought about the judicature is an important component of his legal thoughts theory. It is the great theoretical achievements that Lenin led the Soviet's people to carry through the socialist revolution and the construction of socialism legal system. For the judicial system of socialism nation, Lenin thought that the judicial organ is produced, supervised by the organ of state power and is responsible for the organ of state power. For the composing and exertion of socialism judicial power, Lenin advocated that the judicial power is composed of the adjudicative power and the procuratorial power. The court and the procuratorate belong to the judicial organ. The court exerts the adjudicative power and the procuratorate exerts the procuratorial power. Lenin's conception concerning the judicial system of the socialism and the judicature property had brought an important, profound and complete influence on the judicial theories and the judicial system of not only the former Soviet Union and Eastern European states but also the People Republic of China in the early years.Lenin's thought about the judicature is considered with certain limitation today, however, as the founder of the socialist judicial system, Lenin's thought about the judicature is theoretical achievements and practical production of socialist revolution and judicial construction in the initial stage. It was rational and scientific in those historical conditions. To learn Lenin's thought about the judicature, we could not be divorced ourselves from the historical conditions then, could not rigidly comprehend the original intention of the author of Marxist classics, and could not make Lenin' thought about the judicature and his theory of nation generalization and sacred. We should further emancipate our minds, change the concept and keep pace with the times to put the time meanings on Lenin's thought about the judicature in order to instruct the socialist states to construct the judicature and to consummate the judicial system of socialist states.