Discuss The Judicial Thoughts And The Practice Of Dong Biwu In The Early Period After The Founding Of PRC

Dong Biwu is an outstanding proletarian revolutionary and politician, Is also the founder of the building rule of law in China and practitioners of our Country. His abundant legal thoughts gradually formed during his long years of revolution and practice. Among them, the theory of the judicial thoughts is rich in content. For the contemporary judicial reform, his judicial thoughts has important theoretical value and practical significance.In this paper, based on historical documents, combined with the prevailing judicial practice, research the Integrity and systemic of judicial thoughts of Dong Biwu judicial in the early period after the founding of PRC. The paper has five main parts.The first section, the introduction, main includes researched about the early days of Dong Biwu judicial thought, defined concept, discussed the significance of the thesis and the research methods, a brief description of the background of the times and the legal environment about the judicial thoughts on of Dong Biwu in the early period after the founding of PRC.The second, third and fourth sections, combined with the judicial practice, from the trial thoughts, prosecution thoughts and other judicial, discuss and study thoughts of Dong Biwu in the early period after the founding of PRC in more detail. The trial thoughts, account for a large proportion, is the most important part of the judicial thoughts of Dong Biwu, the main content includes strictly in accordance with the judicial proceedings in the trial activities, to carry out the trial implementation of the system, improve trial efficiency by simplifying judicial procedures, to prevent Misjudge and victimize, improve the operational capacity of the judicial officers, focus on trial supervision and to judicial independence; the practice about the trial thoughts main includes improvement of the trial legislation, improvement of the organization of the court, implementation of the trial system, summary of trial experience, rectification of erroneous judgment and solution of the backlog of cases. The procuratorial thoughts main includes strengthening procuratorial organs organizational building, relying on the people to carry out procuratorial work, to correct the wrong catch and the wrong charge, prohibition of torture; the practice about the procuratorial thoughts main includes improvement of the procuratorial legislation, improvement of the Organization of the procuratorial organs, solution of the wrong catch, the wrong charge and the torture. The other judicial Thoughts main includes public security organs, procuratorial organs and courts collaborate with each other, the combination of punishment and education, the establishment of judicial personnel, the systems of lawyers, notarization, arbitration; the practice about the other thoughts main includes the establishment of the law schools and faculties, the development of Lawyer System, the development of notarization System.The fifth section, firstly, summary and summarized the characteristics about the judicial thoughts of Dong Biwu in the early period after the Founding of PRC, the characteristics main includes the administration of justice services for economic development, in accordance with the law of Justice, the people’s Justice. Then, on this basis, investigates the implications of contemporary judicial construction form the judicial thoughts of Dong Biwu in the early period after the founding of PRC, the implications main includes adhere to the administration of justice services for economic development, in accordance with the law of Justice and To maintain the justice, the rethinking to the justice for the people form thoughts of people’s justice.The sixth section of conclusion, has introduced the innovation and concludes the paper. For contemporary judicial reforms, it has an important significance for the early days of the rule of law form the judicial thoughts of Dong Biwu in the early period after the founding of PRC, the people of the administration of justice, it is necessary to effectively facilitate the people, the administration of justice services for economic development, and in accordance with the law of Justice should be adapted to the development of the times and social changes.