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On Dong Biwu People's Justice Theory

Posted on:2008-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:L L YanFull Text:PDF
GTID:2206360215473169Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Mr. Dong Biwu was one of the founders who established Communist Party of China (CPC), and he was also one of the men of great merit in founding the new People's Republic of China. Among the first Leaders of CPC, he was one of the few persons who received well systematic law education. During his youth, he learned law at Tokyo Kandaku Nithon University in Japan, when he finished his studies; he went back China to be a partner of one lawyer office in Wuchang, Hubei Province. After he participated in China's revolution job,he was always engaging in the work of laws.No matter when he worked for the North China People's government,or he worked for the New China, he put all his efforts to the law job. Especially, after the PRC established, he was assumed the occupation of Director of Law Committee of the State Departnent,and successively the Chief Justice of China's Supreme Court. He made cornerstone-like contribution to the building of people's regime,as well as the accumulation of abundant law practice experience.At the mean while, he made acquainted with modem and past Chinese and foreign law studies; while he was good at performing the Nation and Law theory of Marxism,combining with Chinese situation and law practice,to make theory considerafion, and then he produced abundant law ideology to perfume great contribution to Mao's law theory system.As a scholastic statesrnan, Mr. Dong put forward scientific advanced law ideology and theory according to law theory of Marxism. He also put forward the law performance step and method according to the citizens'actual consciousness and social economic development situation by practical and realistic method, so he could push forward the building of Chinese law establishment. Even if he was under an extremely condition, he still insisted pushing law practice in China to move forward.In the last decades of 19th Century, his law ideology was animadverted in error, the legal system was not paid essential attention.The people's democracy was almost destroyed in the Culture Revolution. Until the 1979's Central Committee ofthe CPC 11 session of Third Session,Mr. Deng Xiaoping newly put forward the method of developing socialism democracy and enforcing socialism legal system establishment. The committee set down the principle of"There mustbe laws to go by, the laws must be observed and strictly enforced, and lawbreakersmust be prosecuted."The history finally proved the correctness of Mr. Dong's ideology of legal system.Today, under the "Managing state affairs by law to build up socialism law which enforcing China" principle,studying of Dong's law ideology will make up important actual meaning. Dong's ideology of legal system consists of great contents,including deep research in legislation,justice,law education and etc. And he also gained huge academic and practical achievement. This article is mainly about the most important people's justice theory in his whole ideology of legal system with the article's framework of four parts and 30 thousand words.The first part is to introduce the background of Dong's people's justice theory, the justice establishing work by criticizing old justice system and carrying on the former Soviet mode in the New China's law building, and the influence ofjustice practice by the political ideology.The second part is to introduce the theory's putting forward and perfecting, mainly about the establishment ofthe terms ofthe people's justice and the advance, development and consummation of Dong's people's justice theory.The third part is to introduce the primary comment of Dong's people's justice theory, mainly about the ideology, system and organization building,The final part is to analyze the issues when performing the Dong's people's justice theory and justice practicing, mainly including the relationship between the Party and justice that is debating by the academe, the relationship between the ideology building and justice. And also to analyze the development and the comment of people's justice theory and socialism law enforcement theory in the new era.
Keywords/Search Tags:Dong Biwu, the people's justice, the reform of justice, rule of law
PDF Full Text Request
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