Research On Dong Biwu's Thoughts On Legal System In The Early Period After The Founding Of PRC

In a special historical context when new China was founded and the Communist Party policy was in the dominant position, Dong Biwu, under the guidance of Marxist legal outlook, made a persistent probe into construction of new China's legal system. Reviewing the historical course of legal system construction in China, Dong Biwu's thoughts on China's legal system in the early period after the founding of PRC is of a great theoretical value and practical significance.Drawing on historical documents and materials about Dong Biwu's legal thoughts, based on the legal practices in the initial period of New China, and combining Marxist legal theories and concrete legal practices in China, the thesis makes an in-depth research into the conditions on which Dong Biwu's legal ideas and thoughts were developed in the early period so that it can reveal the basic theoretical values of these thoughts and their significance for practical guidance.The conditions for the development of Dong Biwu's legal thoughts in the early period are pluralistic: the historical background of the transition from leadership by revolutionary party to the leadership by the ruling party, the theoretical premise under the influence of both Marxist and Leninist principles and the western legal thoughts, and Dong Biwu's own legal practices before and after the founding of new China.With the administration by law as the core issue, Dong Biwu began his theoretical exploration in the following aspects: law-making, law enforcement, judicial supervision of laws, and law- abiding and education of legal professionals, and he developed a relatively comprehensive system of legal thoughts. This legal system includes: administration by law means that we should further strengthen the central task of building people's democratic legal system; believing in laws and abiding by laws; once laws are formulated, there must be people with basic scientific knowledge of laws to apply them; attention should be attached to the judicial work.Dong Biwu's thoughts on legal system in the early period after the founding of PRC is the product of combination of Marxist legal theories and Chinese revolution and construction, and the theoretical summary of Dong Biwu's legal practices in the early stages of New China. His thoughts have significant theoretical values and practical guidance: his legal thoughts not only enrich the legal theories of Mao Zedong's thoughts and push for the development of people's democratic legal system of New China, but also become the important theoretical sources of the state strategy of building a country under the rule of law and the concept of CPC ruling by lawThis thesis employs the following research methods: documentation method, historical research method and logical analysis.