Lenin 's Legal Thought And Its Realistic Value

Since the eighteenth national congress of the party was closed, Xi Jinping, the general secretary have stood on the strategic height of the destiny of the party and the state,put forward the goal of the construction of ruling China by law. And made a deep, comprehensive, systematical statement of "promoting the rule by law in full-scale" in the fourth plenary session of the 18th congress.Comprehensive governing the country according to law is an important part of the "four comprehensive strategic thought ",which highlights the position of the legal system, the governance and management by law in the national enterprise. The rule by law has become the basic way,the basic thinking, the basic direction, of the communist party of China. The improvement and development of the legal system constantly has become a determines whether the modernization of socialism with Chinese characteristics will be able to win.To promote our country’s legal system construction, we cannot leave the inheritance and development of predecessors’thought, especially Lenin, as the legal system builder of the first socialist country in the world.During the process of socialist construction, he had accumulated valuable experience, which is used for reference for our country socialist legal system construction. From the victory of the October revolution and the construction of the proletariat regime, Lenin attached great importance to the legal construction, he held the idea that the country should be governed by the force of law.Lenin’s thought absorbed the idea of freedom, democracy, law, etc, of the Utopian socialist legal system, and inherited and developed the critical theory of the legal system from Marx and Engels. In their views, it is necessary to implement the rule of law during the transition to communism. In this period of the dictatorship of the proletariat, the country should implement the proletarian democracy and legal system, maintain and safeguard the interests of the masses of the people. The formation of Lenin’s legal system grew throughout the whole process of Russian socialism practice, constantly enriched and perfected. Lenin revealed the essence of the constitution, he pointed out that the constitution is "a piece of paper written on the rights of the people", revealed the nature of the constitution, distinguished between the capitalism constitution and the socialism constitution. Soviet constitution is the guarantee of the people’s rights and interests in Russian, the Soviet regime determine and safeguard the people’s right to vote, recalled, press, assembly, right to freedom of religious belief and so on in the form of the constitution.Based on the constitution,other laws should regard the constitution as the fundamental rules.Lenin’s thought of the criminal law supports to apply the death penalty on the enemy of anti-revolution relentlessly, Only it is firmly executed can we ward off a counter-revolutionary forces attack. Against criminals, Lenin put forward the’reconstruction of someone who can be a good person", puts forward the viewpoint of labor reconstruction. He believes the communist party members should be strictly punished to ensure the purity of the party’s team. The economic law holds the idea that making full use of the power of national economic laws and regulations, maintaining normal economic order. He asks to fix and perfect the regulations that will be proved correct economic policy in the form of law, and strictly enforce economic laws and regulations, in order to ensure the health of the economy running. Lenin’s anti-corruption legal system thoughts has an important guiding significance to promoting the anti-corruption construction in China. To strengthen punishing and preventing corruption legislation, establish and perfect the laws and regulations, strictly punish corruption.Lenin’s legal thoughts is a historical theory and a combination of Marxist legal system theory and the situation of Russia It is the human wisdom crystallization to explore the development of the society. Lenin’s legal thoughts has the important enlightenment to perfect our country’s legal system, to realize the rule of law in China and the process of the realization of the Chinese dream.