On Criminal Statutes Of The Shan-Gan-Ning Border Region In The Anti-Japanese War Period

With the development of the New Democratic Revolutionary Movement and following the development rule of the law, the criminal statutes of the Shan-Gan-Ning Bodrer Region produced gradually. According to the actual situation of the border region and profitting some principles from the National government law, the criminal statutes of the Shan-Gan-Ning Bodrer Region had established a more complete system based on the inheritance and development of the criminal law of the Chinese Soviet areas in the worker-peasant democratic power time in the Anti-Japanese War Period. It had played an important role at the time, regardless of in consolidating the anti-Japanese democratic regime or in expanding the anti-Japanese national united front. The article has carried on a more comprehensive discussion to the criminal statutes of the border region, and has put forward some view which is worth drawing on based on the construction of the criminal statutes of the Shan-Gan-Ning Bodrer Region. This paper is divided into three parts:In the first part, firstly it introduced the law origin of the criminal statutes of the bodrer region, such as border single criminal regulations, the party's line, principles, policies, Soviet Criminal Law, and the National Government Criminal Law; And followed it analyzed the social background of the construction of the criminal statutes. The paper has made the essential upholstery and introduction to understand the criminal statutes of the Shan-Gan-Ning Bodrer Region.In the second part, it mainly studied the content of the criminal statutes of the bodrer region from the aspects that the legislation guiding principle, the basic principle, the charge type, the penalty system and so on, and summarized its characteristics, tried to sketch the picture of border criminal statutes on the basis of borrowing previous studies in order to attain a more comprehensive understanding to the criminal statutes of the Shan-Gan-Ning Bodrer Region, reproduce the true history.In the third part, the paper elaborated the function of the criminal statutes of the bodrer region and concludeds that:Great achievements had been made in the construction of the border criminal statutes, not only punished crime, safeguarded their human rights and property rights, strengthened the people's democratic regime, fulfilled the unity of all stratum of people and stabilized the society in the border region, but also expanded the border anti-Japanese national united front, which had met the requirements for victory over Japan, it enhanced the power to struggle with the enemy, and laid a foundation for the New China's criminal law. It has played the vital role in consolidating the anti-Japanese democratic regime and in expanding the anti-Japanese national united front and so on. There are many experiences which worth to learn in the border criminal statutes, such as legislative feasibility, temper justice with mercy, flexible application of the criminal law and so on.