| Peng Zhen is a great proletarian revolutionist, politician and staunch Marxist of China, a major founder of Chinese socialist legal system and a remarkable leader of CPC and our country. He presided domestic legal system from the eve of the founding of China till the end of 1980's.Based on actual situation of China, he creatively applied Marxism桳eninism principles to the analysis and solution of practical problems and generalized rich experiences into theory, thus formed a characteristic legal thoughts. Peng Zhen's legal thoughts is an important part of socialist legal thoughts of China. Considering the different periods of forming, it belongs respectively to Mao Zedong thoughts and Deng Xiaoping theory, so it is of important significance to study it. Meanwhile, our country is now devoting great efforts to the building of law-ruling country, the new situation requires a more deep and overall exploration of it, The article vertically compared Peng Zhen's legal thoughts with Mao Zedong's, Deng Xiaoping's and Jiang Zemin's and divided it horizontally into legislative, judicial and law-keeping thoughts. On this base, the article also studied foundational guiding ideology and theoretical connotation of it, in order to give writer's own contribution on the subject.The article is divided into 4 parts.The first part:There are 3 important parts in Peng Zhen's legal thoughts:Upholding CPC's leadership is identical to its operation by law; well conducting the relationship between man-ruling and law-ruling, "administering a country""by legal"; developing socialist democracy and fulfilling socialist legal system are the foundational and historic tasks of CPC and our country. Comparing these 3 parts with the related contents in ruling-country-by-law thoughts, the following conclusions can be drawn: Peng Zhen's legal thoughts devoted important contribution to the forming of ruling-country-by-law principle, and ruling-country- by-law thoughts are the basic instructing thoughts of it. The second part:Concerning the foundation of Peng Zhen's legal thoughts條egislative thoughts. In his opinion, we should follow the following principles: First, instructed by Marxism-Leninism, accord with reality and absorb all the useful experience at all time and in all countries. Second, follow the mass line, proceed from and aim at the interests of people. Third, uphold the solemnity and stability of law actively and prudently. Fourth, have our exploring process from practical policy instructing to law making. Fifth, bring?the enthusiasm of both local and central government into full play. Sixth, pay great attention to economic law making and conduct it well.The third part:Concerning the guarantee of Peng Zhen's legal thoughts' implementation梛udicial thoughts. Peng Zhen reset foundational principles for judicature of the new age and showed correct direction for its healthy development. He also insisted that we should crackdown economic crimes and felonious criminal offense continually and firmly; the police, the procurators' offices and the court would precisely hold of judicial independence principle and operate each rights correctly; we should pay great attention to the training of legal functionaries and perform both punishment and education in the process of criminal transforming.The fourth part:Concerning the necessary inner condition in the implementation of Peng Zhen's legal thoughts 條aw-keeping thoughts. Everyone is equal before law, any person, party, administration and organization must abide by constitution and other laws. Our law is the reflection to Chinese people's willingness and interests, it can change into great material force once held by people. We should enforce universal education of law to improve people's legal sense. And we also should bring local mass organizations' relating role into full play, which is both the way to form good law-keeping atmosphere and an important part of people's law-keeping activity. The core of Peng Zhen's legal thoughts is ruling country by law, "admini... |
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