Study Of The Legal System Innovation Of The Shaanxi-gansu-ningxia Border Region

Since 1980s, Shaanxi-Gansu-Ningxia Border Area is always one of the hot topics in academic circles. Its research range and emphasis is Anti-Japanese War period. Its main research content includes the politics and economy of Shaanxi-Gansu-Ningxia Border Area. There are many research results and outstanding figures about the legal system. Many papers and works on the thesis of the paper make a study of its legal system innovation from various angles. On the choice of the research methods, scholars strive to the messy historical materials systematic and clear. Its legal system is combined with the party's policy. But there exist some deficiencies on the study of the thesis. For instance, the research content is repeated and chaos often, especially over-stressed on the politics. The author thinks that we should compare study with Kuomintang' legal System on the background of localizing Marxism in China. Democratic political construction was discussed in foreign related research, which is description of its revolutionary course and the leaders. The research has direct reference value for the thesis. So far, in the theoretical field or the history field, there is still no monograph about the thesis. Its overall condition couldn't be elucidated particularly. The lagging behind of the research on its legal system innovation is incongruous with its significance and make it difficult to sum up experience. It is the reason why the author selects the topic, using historical, comparative, empirical and value method, the author studies the topic from its theory to its system and practice. Localization, empiric, branch law and entirety are the characteristics of the paper.The paper is composed of eight chapters.The first chapter is "introduction". The research background, the research objects, the research methods and so on are discussed in this part. The chapter puts emphases on the research situation. The legal system innovation of Shaanxi-Gansu-Ningxia Border Area awaits further study.The second chapter is "the theoretical origin and source of the legal system innovation of Shaanxi-Gansu-Ningxia". From connotation and spirit essence of Marxism law thought to survey and analysis the constitutional and department law thought of Marxism, think they are the theoretical origin of the legal system innovation of Shaanxi-Gansu-Ningxia. Through combing the legal system of the Russia socialism federation of Soviet republic, the Central Soviet Area and Kuomintang, the author thinks they are its theoretical sources.The third chapter is "the constitutional system of Shaanxi-Gansu-Ningxia Border Area andits innovation".Through investigating the constitutional system of Shaanxi-Gansu-Ningxia Border Area and its innovation from democratic constitutional thought, the author considers the constitutional governmental concept is new and scientifically defined, which is suitable to the practical needs of Shaanxi-Gansu-Ningxia Border Area. New democracy regime was performed, the " Three Thirds System", " The Senate System" and so on was set up.The fourth chapter is "the criminal legal system of Shaanxi-Gansu-Ningxia Border Area and its innovation". Punishment is combined with education. Life imprisonment is abolished sapientially while mandatory education and hard labor is created. Marxist equal idea is succeeded to the universal equality and the differential treatment.The fifth chapter is "the land legislation of Shaanxi-Gansu-Ningxia Border Area and its innovation". Through combing the pre-reform changes in the land policy, we find the land legislation of the Central Soviet Area is abolished to adapt to the new situation. Rich peasants and rich peasant economy is granted by law. Meanwhile confiscating landlords' land is changed into the policy of reduction of rent and interest. Its flexible land legislation is a key factor to consolidate state and Anti-Japanese War and Liberation War victory.The sixth chapter is"the procedure law system of Shaanxi-Gansu-Ningxia Border Area and its innovation". Mass line is the purport of the procedure law system of Shaanxi-Gansu-Ningxia Border Area, so trial mode is very easy for the civilians and traditional mediation has been attached importance to guarantee human rights. The procedure law idea of Marxism, the Central Soviet Area and Kuomintang is mixed to be many specific litigation laws in Shaanxi-Gansu-Ningxia Border Area. These specific litigation laws lay a foundation for defeating the enemy and so on.The seventh chapter is "the marriage and family law system of Shaanxi-Gansu-Ningxia Border Area and its innovation". There are a series of provisions about marriage and divorce. The soldier's marriage is especially protected by legal. So the author believes that the marriage and family law system should be proper. Based on the idea of Marxist marriage freedom, monogamy and gender equality, inheriting the tradition of the Central Soviet Area's marital law, considering the need of Anti-Japanese National United Front, the marriage and family law system of Shaanxi-Gansu-Ningxia Border Area is active to not only New China but also free women and so on.The eighth chapter is "the realistic enlightenment on the legal system innovation of Shaanxi-Gansu-Ningxia Border Area". Firstly, the author thinks that the realistic legal system is the reason of regime steadiness and social harmony. The legal system innovation of Shaanxi-Gansu-Ningxia Border Area indicates the localization process of Marxism in China. Secondly, democratic politics plays basic role in realizing government by law. In a word, the legal system innovation of Shaanxi-Gansu-Ningxia Border Area enlightens the thoughts of Chinese in many ways, such as the thought of "one country, two systems".