A Study Of The Xie Juezai's Thoughts Of Constitutionalism On The Period Of Democratic Revolution

Xie Juezai, one of the famous five old revolutionists in Yanan, predecessors of proletarian revolution, was one of the founders of democratic regime and legal system in the region of Shan, Gan, Ning. He had made great contribution to the construction of the New–democratic constitutionalism of our country both on practice and theory.The thesis analyzes Xie Juezai's revolutionary experience and practice of political democracy in the region of Shan, Gan, Ning, analyzes the influence of Marxism and Lenin's constitutional thought on Xie Juezai's constitutional thought, and hackles the historical background of the Xie Juezai's constitutional thought.This thesis pays attention to Xie Juezai's view of the New-democratic constitutionalism. the thought of regime construction and legal system.The thesis consider that Xie Juezai had always insisted on the principle that the old constitution should be abolished and the new one should be set up. He advocated that the new democratic constitution should protect the interests of the people and conform to the New–democratic situation in China. He insisted that a democratic system of general election should be established. And he thought campaign should be introduced into election and democratic election of primary level should be paid more attention to. Xie Juezai's view of the election is helpful to ensure right to vote and right to be elected of the people.In the regime construction, he strongly supported three-third system. He thought independence of judicature should be laid stress on, and as a result impartiality could be guaranteed and authority of law could be safeguarded. He insisted a combination of trial with mediation will be better. He advance that the functionaries in juridical authorities should set an example, take a lead in obeying the law, make sure the law sacred and inviolable. The thesis reveals the main features of Xie Juezai's thought of constitutionalism by comparing his thoughts with modern constitutional thought in Europe and America, the theories of the Regime of Soviet and other Chinese Party members'thought of the constitutionalism.In conclusion ,the thesis holds Democracy and legal system are the main parts of Xie Juezai's thought of constitutionalism. And his thought is an important part of the New–democratic constitutionalism. His thought of the New–democratic constitutionalism not only promoted the construction of the legal system in the region of the Shan, Gan, Ning and social progress, but also provided a reference to build our country for into a socialist country under the rule of law.