The Legal Construction In The Shan-Gan-Ning Border Region In The Anti-Japanese War Period

The perfection of legal construction is one of the aims that China had been seeking in the process of modernization since Modern Period. Because the Border region was regarded as a special administration zone belonging to the GMT government and the center of the CCP,the situation of legal construction in there was a historical phenomenon to which we should pay much attention. Therefore,some research work can make up for the limits of it and be conductive to enhance the research of the Border Region and the CCP's history. Based on the foundation of predecessors' research,this paper makes a relatively comprehensive and thorough study to it.First,this paper recounts the formation of the anti-Japanese national united front and its theoretical guide effects,and describes all sorts of laws and regulations in legislation in the Border region. By analysing the making of the Administrative Programme of Shan-Gan-Ning Border Region and the laws of election,organizational form of political power,penalty,land,criminal procedure,marriage and labour insurance etc.,this paper points out that the legislation in the Border Region had made achievements and was important to improve the legal construction. At the same time,this paper makes a tentative inquiry to some imperfect aspects in legislation such as the laws of economic and land.Second,by analysing and studying the judicial organ,judicial system,intermediation system,punishment system and prison system,and by inquiring thejudicial system in the Border Region,this paper makes the readers understand the situation of the legal construction in the Border Region comprehensively.Third,by analysing the situation of implement of the laws recited in the first part,this paper concludes that great achievements had been made in carrying out every laws and regulations in the Border Region,which fulfilled the unity of all stratum of people in the Border Region,safeguarded their Human Rights and Property Rights,stabilized the society in the Border Region and promoted the perfection of the legal construction in the Border Region. Meanwhile,this paper approaches some laws and regulations which were not implemented completely and some immature situations in the legal construction,through which it demonstrates some imperfection of implementing the laws and regulations.At last,this paper reaches a conclusion and affirms the achievements that consummated the legal construction in the Border Region and took the shape of the new-democratic law system of the Anti-Japanese Democratic Power. Yet there were still some imperfections in the process of legislation,judicature and enforcement of law. This paper summarizes them and analyses their reasons,effects and influences.