Research On Dong Biwu’s Thought Of Socialist Legal System

Dong Biwu(1886-1975)had been engaged in the party’s legal system for a long time.He flexibly applied the theory of state and law in Marxism Leninism and Mao Zedong thought to the party’s legal practice in the period of revolution and construction,formed his own socialist legal thought,enriched and developed Marxist legal theory.Dong Biwu assumed the role of leader,designer and promoter in the practice of socialist legal system in the early days of the new China.Dong Biwu’s socialist legal thought indicated the inevitability of governing the country according to law,represented the direction of the development of socialist legal system,reflected the difficult start of the Communist Party’s transformation from a revolutionary party to a ruling party,influenced and determined the nature and character of the socialist rule of law with Chinese characteristics,provided an ideological foundation and valuable experience for the construction of the socialist rule of law with Chinese characteristics.Dong Biwu is the earliest founder and practitioner of the thought of "ruling the country by law",and his thought of "doing things in accordance with the law" is the early prototype of the strategy of governing the country by law.In the new era,great progress has been made in the construction of the socialist rule of law with Chinese characteristics and the comprehensive rule of law,the rearrangement,analysis,and discussion of Dong Biwu’s socialist legal thought has important theoretical and practical significance for the further development of the theory and practice of the construction of the socialist rule of law with Chinese characteristics and comprehensive rule of law.This paper combed the theoretical source and formation process of Dong Biwu’s socialist legal thought,discussed his finding of the relationship between Dong Biwu’s socialist legal thought and state system regime,socialist legislation,socialist justice,socialist legal education and legal research,summarized the characteristics,status and modern enlightenment of Dong Biwu’s socialist legal thought.The main theoretical sources of Dong Biwu’s socialist legal system are Marxist-Leninist legal theory and Mao Zedong’s socialist legal thought.Chinese excellent traditional legal culture and Sun Yat-sen’s legal thought have also had a certain impact on the establish of Dong Biwu’s socialist legal thought.The formation process of Dong Biwu’s socialist legal thought is divided into three stages.The embryonic stage of Dong Biwu’s socialist legal thought is during the period of new democratic revolution.The formation stage of Dong Biwu’s socialist legal thought is from the founding of the new China in 1949 to 1956.The mature stage of Dong Biwu’s socialist legal thought is from 1956 to 1959.Dong Biwu discussed the relationship between the socialist legal system of the new China and the state system regime.He believed that the state system determined the nature of the socialist legal system of the new China.The regime produced the socialist legal system of the new China and stipulated the operation mode of the socialist legal system.Accordingly,the socialist legal system of the new China must maintain the state system and regime of the new China;Dong Biwu’s socialist legislative thought contains the internal logic of "criticism-cognition-operation".Its core contents include the criticism of the Kuomintang’s legislation,the deep understanding of the nature and significance of the new China’s socialist legislation,and the accurate grasp of the principles and key points of the new China’s socialist legislation;the content construction of Dong Biwu’s socialist judicial thought follows the internal principle of "criticism-cognition-construction".Its core contents include the criticism of the o Kuomintang justice,the deep understanding of the fundamental attributes and functions of socialist justice in the new China and the socialist judicial construction in the new China;In his socialist legal education thought,Dong Biwu pointed out that legal education should be guided by Marxist-Leninist Mao Zedong Thought,learn from the Soviet legal theory,closely integrate with the general line of the transition period,train new Chinese legal talents,and strengthen legal education in the new China.In his socialist legal research thought,Dong Biwu pointed out that the new China socialist legal research should take Marxist-Leninist legal theory and Mao Zedong’s socialist legal system as the theoretical cornerstones,conduct research on major domestic and international political and legal issues,and establish the new Chinese socialist legal theory system.Dong Biwu’s thought of socialist legal system is characterized as turning,pioneering,critical,political,popular and practical,is one of the earliest achievements of the Sinicization of Marxist law and an important part of Mao Zedong thought,guided the practice of socialist legal system in the early period of the new China,provided theoretical basis and valuable experience for the construction of the rule of law of socialism with Chinese characteristics.Dong Biwu’s thought of socialist legal system has important enlightenment for the construction of socialist legal system with Chinese characteristics and the comprehensive rule of law in the new era.Firstly,from handling affairs according to law to governing the country according to law: adhere to the theoretical innovation of Marxist law;secondly,from there are laws to abide by to legislating scientifically: strengthen legislation in the new era;thirdly,from Law must be obeyed to fair justice: strengthen the judicial work in the new era;fourthly,from ruling the party according to law to ruling according to law: improve the party’s leadership style;lastly,from legal education to law-abiding by the whole people:strengthen the education of law popularization and establish the concept of rule of law.