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Research Of The Legal Thought Of Jianghua

Posted on:2002-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:B Q ZhouFull Text:PDF
GTID:2156360125970252Subject:Law
Abstract/Summary:PDF Full Text Request
As the outstanding leader of our party affairs and political-legal battlefront, Jianghua had not only attended and led great amount of important work of democratic and legal system construction in the new period socialism, but also published large quantity of important systematic discussion, especially during the period from 1975 to 1983 when he served as the president of the highest people's court he put forward a series of proposition and thought strengthening socialist democratic and legal system construction, especially that of the construction of people's count, thus, forming his integrated legal ideology in different circumstances, from different angles and in different manners.The legal thought of Jianghua mainly contains substance as follows:First, it's necessary to persist in the Marxism and the correct route in the judicial work, strengthen solialism legal system contruction and thoroughly criticize the reactionary slogan called "smash the public security, procuratorate and count". Second, judicatory cadres should enhance legal system sense,observe the stipulation of constitution and law,transact cases according to the law strictly and safeguard the authority of constitution. Third, it's important to be practical and realistic,correct whenever wrong emerges,implement all the policies of the judicial battle line and reexamine and correcte the framed-up and wrong cases during the "Great Cultural Revolution". Forth,people'court should insist on the Four Foundamental Principles to serve for the socialism construction of legal system and modernization. Fifth, people'court should practice seriouly democraic centralism in the trial,bring the effect of leadership into play abundantly and make the pattern of organizing and leading adapt to the shift of emphsis of our Party.Sixth, it's imperative to reform judicatory work from mental route and legal system and initiate new situtation,thus making people' court serve for the center,construction of economy, more better.Seventh, people' court is the national trial organ with the obligation of implemention of criminal law,so it should try legal case accoding to the reality and law.Each case should be able to stand the test of history.Eighth,to be correctly understand and execute the spirit of being severe and rapid according to the law, in the range of law and cannot violate it.Nineth,to deal with the relationship between party discipline,administrative discipline and national law,handle affairs according to the law, and strictly differentiate bounds between crime and fault.Tenth,to recover dignity of law ,safeguard the authority of legal system and direct the trial of Linbiao and Jiangqing counterrevolutionary group.Eleventh,it's necessary to persist the independent judicatory right of people's court. People's court's trying legal case is in accordance to the obedience to the leadership of the Party.Twelveth,whether people'court can perform the judicatory right well or not ,the key question is to strengthern the leadership of the Party.People's court's dealing with thing according to law is just the acceptance of Party' leadership.Thirteenth, judicatory right of people'court is given by people, so it should listen to people' suggestion carefully and accept the supervision of people.At the same time,people should also uphold people's court to try legal case and better performance of judicatory right.Forteenth,the relationship between upper and lower levels should be trail and supervision.The subordinate court should accept the trial and supervision of the superordinate court and lay the work emphasis on the supervision of the trial of the subodinate court.And last,judicatory cadre must insist on the Four Foundamental Principles and support the routine of the Party.In order to adapt to the strengthening of the construction of solialism legal system,cadre should be younger and more professional,the construction of troop should fit to the development of circumstances,strengthern the mental and policical work of the cadre troop and cultivat...
Keywords/Search Tags:Research
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