Study On Mao Zedong’s Legal System Thought In The Initial Period Of New China

Mao Zedong is an important founder in the early days of socialist legalsystem construction. After the founding of New China, he not only served asthe leadership work of the Party,but also served as the leadership work of theCountry. During this period, Mao Zedong made use of state power and law ofMarxism doctrine,absorbed and drew lessons from the excellent legal thoughtat home and abroad and fully inherited the experience of which the Party ledthe people to establish and consolidate state political power in revolution andconstruction of China.On this basis,Mao Zedong made a profound analysis thenecessity of carrying out legal construction in the period of the socialistrevolution and construction.After the founding of New China, Mao Zedong putforward a a series of ideas and principles of the legal system constructionwhich not only consolidated the socialist revolution and the regime,but alsoplayed an important pilot role in the socialist legal system construction withChinese characteristics. Currently, with the establishment of the socialistmarket economic system and the deepening of political system reform,thesocialist legal system construction with Chinese characteristics plays animportant role in economic and political filed.In the18th National Congress ofthe Communist Party of China,the Party stressed to improve the socialistsystem of laws with Chinese characteristics,then to promote law-basedgovernance of Country in an all-around way. In such a background,with thehistorical materialist science attitude on the review and study socialist legalsystem thoughts in the early days of New China,analysis of the historical roleof socialist legal system thoughts of Mao Zedong in the early days of NewChina,further exploration the valuable wealth of socialist legal system thought that Mao Zedong put forward in the early days of New China,which has animportant guidance value in strengthening socialist legal system constructionand promoting law-based governance of Country.The paper mainly includes four parts:The first part:the introduction.In this part,mainly analyzes the topic basis ofthe paper, the theoretical and practical significance of the paper study,thecurrent situation with regard to legal system thought of Mao Zedong at homeand abroad,illustrates the main study ways which the paper adopts and theinnovation of the paper research.The second part:the formation and development of socialist legal systemthought of Mao Zedong in the early days of New China.In this section,firstlyretrospects the theory origin of legal system thought of Mao Zedong.Itabsorbed and drew lessons from the legal concept of Marxism, Westernadvanced legal thought and excellent Chinese legal culture.Secondlysummarizes the basis of practice of legal system thought of Mao Zedong,itincludes two aspects:the practice of revolutionary base construction andconsolidation and the practice of socialist revolution and construction.Finally,discusses the process of legal system thoughts of Mao Zedong frominfancy, the basic form and tortuous development three stages.The third part:the main content of the legal system thought of Mao Zedongin the early days of New China,this is the core part of the full paper.In thispart,summarizes the main content of the legal system thought of Mao Zedongfrom legislation,enforcement and compliance three levels.On thelegislation,Mao Zedong put forward democratic legislation, practical andrealistic,the combination of principle and flexibility,the combination of nationaland international experience;In the aspect of enforcement,Mao Zedong putforward the combination of punishment and leniency,Attaching greatimportance to the evidence and Opposition to corporal punishmenttorture,wrong must be corrected whenever discovered,caring with the deathpenalty and advocating the light punishment;In the aspect of observing the law,Mao Zedong put forward that leading cadres should take the lead to obeythe law and everyone must consciously abide by the law.In the fourth part:the value and limitations of the legal system thought ofMao Zedong in the early days of New China.The legal system thought of MaoZedong has an important historical position.It guides the new type of law of thePeople’s Republic of China,puts forward a series of the principle of theconstruction of legal system and lays the foundation thought and system forChina’s legal system construction.Although the legal system thought of MaoZedong provides many useful reference for the socialist legal systemconstruction.There are still some problems that legal system thought isincomplete and legal system status is not prominent.Analyze the causes of thelimitations,which is mainly the effects of Soviet mode, planned economy andtraditional culture negative aspect.