Reserch On Xiejuezai’s Thought Of Legal System

Xie Juezai is not only a great proletarian revolutionist, outstanding social activist, leader in jurisprudential circle and founder of people’s judicial system, but also a firm Marxist. Xie Juezai has devoted all his life to the Party and people. During his revolutionary life, he spent most of his time in the legal work of the Party, formed a series of rich legal thoughts and made significant contributions to Chinese legal construction. Up to now, some classic theories in Xie Juezai’s legal thoughts still have great practical guidance to the current Chinese society.This paper conducts in-depth study in the legal thoughts of Xie Juezai during the Yan’an period to the early years of People’s Republic. Besides the "Introduction" and "Conclusions", the rest contents are divided into three parts.The first part is about the historical background for the formation of Xie Juezai’s legal thoughts. This part is the logical starting point of this paper. It describes two aspects:the revolutionary experiences and political practice of Xie Juezai; the influence of Marist and Lenin’s legal thoughts on Xie Juezai’s legal thoughts. It further points out that (Ⅰ) Xie Juezai gradually develops from a traditional scholar to a pioneer of new-democratic revolution. Moreover, his various leadership jobs especially the experience of legal work enables him to conclude unique scientific insights on legal aspect.(Ⅱ) During the Yan’an period to the early years of People’s Republic, Xie Juezai conducted intensive study on the Marxist classics. The Marxist theories have provided scientific analysis methods for Xie Juezai’s legal thoughts. In addition, the Lenin’s legal thoughts are rich and profound, and hence they have played a guiding role in the new-democratic revolution led by Chinese Party, as well as produced direct and profound influences on Chinese Communists like Xie Juezai to explore the new social legal system.The second part is about the main contents of Xie Juezai’s legal thoughts. This part is the research focus of this paper, which explores from the three aspects of legislative thought, judicial thought and law-abiding thought. The legislative thought of Xie Juezai includes three kinds of contents:seek truth from facts, and formulate legislative principles suitable for Chinese actual conditions; follow the mass line and legislative guidelines that promote democracy; combine the legal principles and flexibility. His legislative thoughts contain four aspects:emphasize people’s mediation work; advocate the combination of judgment and mediation; build new punishment ideas, and advocate reforming the criminals through education and labor; focus on investigations and evidences and insist on strictly following legislations. His law-abiding thoughts incorporate three types of contents:insist on acting by law; strengthen law popularization work; and cultivate legal talents.The third part is about the theoretical value and practical guidance significance of Xie Juezai’s legal thoughts. This part is the ending point of this paper. It firstly points out the theoretical value of Xie Juezai’s legal thoughts, that is, he greatly enriched the treasury of the legal theories of Marxism sinicization. For instance, Xie Juezai’s thought of "acting by law" enriches the first theoretical leap of Marxism sinicization---the theories on policies and strategies in Mao Zedong’s thoughts; the legislative working attitude of seeking truth from facts and starting from reality is the inheritance and development of Mao Zedong’s policy theories, etc..It then focuses on describing the practical guidance significance of Xie Juezai’s legal thoughts:Xie Juezai’s legal thoughts still have strong practical guidance today. Studying Xie Juezai’s legal thoughts can be implemented from the following aspects:(Ⅰ) insist continuous and updated theoretical character. Theories originate from reality, and raise new programs for new problems by starting from the reality.(Ⅱ) Xie Juezai’s legal thoughts integrate the legal theories and law practice.(Ⅲ) Insist on learning the theoretical courage of "older generation", and expanding "new fields".