Comments And Analysis On Dong Biwu’s Constitutional Thoughts

Dong Biwu is an outstanding jurisconsult In New China, and he devotedhimself for the construction of the party and the country. He took the legal view ofMarxism in combination with the actual conditions of China through his ownunderstanding of law, and he summed up the valuable experience of the construction ofregime and the socialist legal system. So it formed up the initial prototype of socialistconstitutional system. Dong Biwu’s constitutional thoughts has been innovated andperfected in the practice of revolution and construction continuously. It has a very richconnotation and involved the constitution, democracy, rule of law and human rights, andit happened to coincide with the modern constitutional. Reviewing the process of theChinese revolution, the party’s policy is in the dominant position, especially in thefounding period. To this phenomenon, Dong Biwu put forward the ideas of work inaccordance with the law, and he summarized the principles and methods of dealing therelationship between party and government. Then our party and government made aseries of legislative, judicial theories as a competent extension so as to point out thedirection of our party and the construction of the country in the past. Due to time limit,some of Dong Biwu’s constitutional ideas has historical limitations in some degree, butthese thoughts is valuable until now. Sorting and researching Dong Biwu constitutionalideas is commemorative way to express our respect for the older generation ofproletarian leader that not only makes us know the Chinese constitutional developmenthistory with constitutionalism experience in summary, but also means a lot tostrengthening the constitutionalism construction and propel legalizing course.This paper discusses form the "make the past serve the present", according to thehistorical data about Dong Biwu. After making further research of every periods of legalpractice of Dong Biwu, I have sorted out Dong Biwu’s constitutional ideas comprehensively to analyze the connotation, value, the defects and the practicalsignificance of his constitutional thoughts for China, such to provide reference for theconstruction of constitutional government. This article divide into four parts. Firstsection introduces the reasons of the formation of Dong Biwu’s constitutional thoughtand the ideological basis and practical basis of it. Section two explains the connotationof Dong Biwu’s constitutional thought from the specific content of the constitution,democracy, rule of law and human rights four Angle. Section three evaluates the valueof the constitution theory of Dong Biwu and its historical limitations in detail. Sectionfour introduces the evaluation of Dong Biwu’s constitutional thought in moderndeveloping society and application on the basis of the evaluation.