Legal Research On The Anti-Espionage In The Shaanxi-Gansu-Ningxia Border Region During The Anti-Japanese War

Taking the Anti-Espionage legal system in the Shaanxi-Gansu- Ningxia Border Region as the special object, this dissertation systematically explores the historical evolution of anti-espionage legal system in the border by collecting the first-hand materials, as well as applying the methods of historical analysis, comparative study and legal argument, for the purpose of exploring the profound connotation and the development of the Anti-Espionage legal system from a particular perspective.The Central Committee of Chinese Communist Party adopted scientific policy of anti-espionage with a combination between suppression and leniency. Beating the chief criminials while winning over the intimidated, the policy repealed corporal punishment and put stress on the policies of evidence-based guidelines. Distinguished from a realistic situation, the chief crininals had been taken strong measures against, while those who were willing to repent had been treated with leniency, which had greatly broaden the Anti-Japanese national united front camp and growth of the Chinese people’s Anti-Japanese forces.The executive legislation served the anti-espionage organization which was made of the party, the army, the government and the multitude. The Social Department of the Central Committee was the organization to decide and command; the government was the main organization to implement; the army was the strong backing for the government and the public; the public was the power to rely on, and the four members of the party, the government, the army and the civilian had formed a special joint system of counter-espionage network.Investigation focused on detecting, arresting and pre-trialing the traitor spies. Taking the method of secret investigation, investigators put ahead the striking of chief criminals while balancing the detection of major spy cases and the general detection of traitors, as well as following the combination of focusing on combating detection so as to find those espionages that were mixed in my party and to protect the confidentiality and border consolidation of political power.Identification of the crime of Chinese traitor and criminal punishment were the core work. Started with punishment of traitors, the rules and the penalty system in the Code of Punishment of Chinese Traitors was highly introduced. The criminal legislation in the region was largely in the form of separate edition including special crimes and common crimes, taking anti-traitors as the stress, which provided the legal bases for the punishing traitors.Economic legal system has a distinct characteristic of wartime economy. The border added the financial and economic legislation into the legal system, while establishing GuangHua banks to issue currency and implementing independent monetary policy to prohibit legal tender in circulation in the Border Region so as to combat supplies the enemy capital, strictly manage munitions to give ensure to troops, agencies and wartime military supplies. This had strongly supported the victory of the war.It had made imcomparable achievements that no feudal dynasties and the KMT governments in Nanjing had ever made. Anti-espionage law considered the anti-Japanese united front as the general policy, the party’s policy as the soul, which had distinctive features of democratic law. The border promulgated a number of laws and regulations, trying to use policies and laws to punish espionages. It made difficult but fruitful explorations, which was the legal gurantee for the victory of the Anti-Japanese War.Based on the above analysis and demonstration, three conclusions as following: Firstly, it must adhere to the absolute leadership of the Communist Party. The secondly one is to have a strong team of professionals, dedicated staff. Thirdly, to correctly distinguishing two kinds of contradictions that have different property. The most important one is to promote democracy and implement the mass line. This is what should be learnt from the historical experience of anti-espionage law in the border today.