New China, The Initial (1949-1965) National Legal System,

In October of 1949,the People's Repulic of China is founded. We call it the New China. As Chinese nationality legal system history faced a great change from now on. In these changes, this multi-ethnic country of China's ethnic and national relations of the changes is the most important. The ethnic and national relations of the changes are due to the early New China brought the national legal system. As the history of national legal system,an extremely important part, or even change the whole history of China's national legal system part,the beginning of New China's national legal system, its reflection and exploration of the process, the construction of legal system and its gone through the tortuous journey, are areas of national law can not avoid the question. This process of reflection and exploration took roughly 17 years or so,since the founding of the Cultural Revolution from 1949 to 1965.This 7 years is the communist party of China in the analysis of Chinese history, ethnic policies to study western bourgeois and marxian national theory, combined with the practice of Chinese revolution and construction in China based on the national legal system construction of pioneering period.So, what kind of history background the national legal system construction in China began? what situation is it before? What is the ideological and theoretical origin? What did they face? What did they choose? What is the result? And why they made some lose? All of this haven't been studied enough.The purpose of this paper is to use the documents of the party and the country since the founding, combine the micro and macro-analysis,dynamic and static description of historical speculation and legal methods,to anwser those questiones.New China national legal system is the turning poin of the national legal system's history. From this, lasted two thousand years of ethnic discrimination and oppression between the Han and other minorities began to change. And this process of change from the Late Qing Dynasty Chinese nation since the rise of revolutionary movements, that the new democratic movement. It is in the new democratic revolution, from learning from the age of enlightenment and Marxism-leninism and the national ideology and national policy, the communist party of China to ethnic theories and policies.began to frame. It its called the system of regional ethnic autonomy.The system of regional ethnic autonomy is most suitable for China's national political system,it is the Chinese commusnist party's policy for\ the establishment of a national problem. The production and use of this system stems from a rejection of national self-determination and federalism. This system began in the establishment of new China in the "Common Program of the CPPCC",forming in 1954, "The People's Republic of China Constitution". This is a process of national legal construction of new China. It ss also the national legal framework for the formation of the new China process. In this process, leaders of the Party and state made China's ethnic relations and national status of the most fundamental improvement.But, when we use the rational use of the law,we will find that the new China's national legal framework had great weakness. When we contrast the laws, administrative regulations and the leaders of direct orders, we found that in the building national legal system of New China stay in the framework of the level only, without the formation of organic legal system. Contrastly, a large number of national issues are directed by administrative regulations and leaders to carry out "thing"-type solution. This approach has its fast and efficient in the short term benefits,but from a long-term point of view, its drawback is the result of legal nihilism or the production of the cult of personality. Later, the same as the history of iron facts tell us that this is completely true.The problems and deficiencies of this new China is the soft underbelly of national legal system, the current national legal system in needs those lessons.In short,the New China's national legal system changed thousands of years of China'sethnic relations and national conditions, it started the China's new history of ethnic relations. It is because of the new China's National Legal and it's effort, we able to make our way in this multi-ethnic unity and established prosperity between ethnic groups. This is the rusults of the beginning of new China, the exploration and reflection fo legal construction of ethnic. But,we also need to have a clear understanding of the new China, the problems of national legal system,only this can stop us make a same mistake and promote our national legal system toward a more healthy direction. The analysis of the positive and negative of the legal construction of the new China,will give us a clear thought,and will give us a rational and better prospects...