Xie Feel The Thought Of The Holy Rule Of Law

Xie Juezai, one of the five old revolutionists in Yanan, is the outstanding precursor in law circles and the founder of People's Judicial System in our party. He had made great contribution to the construction of legal system for our country. He produced plentiful and profound thoughts of legal system during the long-term's practice of legal system. These thoughts not only made a great impact on the past construction of legal system of our country, but also have great significance for reference at this present age. The study of Xie Juezai's thought of legal system receives little attention. No special study article has keen written on it insofar. This thesis is to probe and discuss preliminarily on Xie Juezai's thoughts of legal system.The thesis is made up three sections.In section one, the author introduces Xie Juezai's legislation theory. Xie considered that legislation must seek truth from facts and oppose copying blindly laws of other countries. With regard to the law of past regime, he insisted that on one hand we should deny them, on the other hand should utilize the useful component parts of them.Section two gives a introduction of Xie Juezai's Judicial theory. First, Xie thought highly of mediating work which was believed to unite people and promote production; secondly, he advocated that we must pay attention to evidences, obtain proofs through legal means and give the penalty that matches the crime, oppose extorting a confession by tortures and punishment don't match the guilt; Thirdly, he attachedimportance to educating and remold the criminals and object to the punishmentism; Fourthly, he persisted in judicial independence. lie considered that the independence of judicature was favorable for guaranteeing human rights. After the New China being established, he didn't mention "judicial independence" again, but he took a firm stand on "independence of trial".Section three introduces Xie Juezai's theory of law-abiding. First of all, Xie insisted that state organizations and their working personnel must play a leading role on law-abiding. Secondly, strengthen the propagation of knowledge of the law and enhance all citizen's awareness of law. Thirdly, pay great attention to training legal personnel.