Study On Legal Thought Of Liu-shaoqi

As a kind of ideology, statecraft and social phenomenon, rule of law has a long history,which dates back to ancient Greece. Rule of law stables social order and safeguards rights andinterests of people, adjusts social relations and promotes development of society, which is auniversal rule to govern the country. One of China’s social development goals is to realize ruleof law. In2012, the18th national congress of the communist party of China puts forward: topromote rule of law in an all-round way. Rule of law is the basic way of governing. In2013,the government work report puts forward: to promote socialist democracy and rule of lawconstruction, insisting on governing the country according to law.Rule of law is closely related to rule by law. It is a must to perfect rule by law building asocialist country under rule of law. The two is unified: rule by law is premise and foundationto realize rule of law, rule of law is starting point and foothold of rule by law. So promotingrule of law, attention must be paid to socialist legal construction.The legal thought of main leaders of party and state has a profound influence on socialdevelopment. As one of the main leaders, Liu-Shaoqi makes active exploration in legalconstruction in the work, forming his own legal thought. It has a specific theory source: in thechildhood to accept Confucianism education, Confucian legal thought has a great impact onhim; in the youth to study Marxism, Marxist legal thought plays an important role; legalthought of the first generation of collective leadership with Mao-Zedong as the core has asubtle effect on him. At the same time, the formation of legal thought is subject tointernational and domestic backgrounds: internationally, mainly influenced by the two worldwars and the October revolution; domestically, mainly influenced by the old democraticrevolution. In addition, it is influenced by his personal factor, mainly the noble personality.Everything has a development process, the legal thought of Liu-Shaoqi experiences threestages: embryo(1922-1935), formation(1936-1949) and mature(1950-1966), graduallyimproved. It mainly includes legislation thought, law enforcement thought （judiciaryincluded）and law-abiding thought three parts. In terms of legislation thought, He leadsworkers’ movement actively and strengthens union legislation to maintain rights and interests of workers; in combination with focus in different periods, to strengthen legislation in aspectsof politics, economy, culture and society and so on, advancing regime construction; In thefield of land reform, to formulate laws based on features of each stage, assuring the landreform smoothly. It is with characteristics of objectivity, democracy and science, whichinherits and develops Marxist legal thought and grounds socialist legal construction. In termsof law enforcement thought, Liu-Shaoqi insists party’s mass line and starts from publicinterests. He puts forward that to distinguish two different types of contradictions, to exercisepowers independently with mutual cooperation, to strengthen construction of public security,to distinguish criminal and combine education with reform, to strengthen legal supervision,and resolutely to stop activities damaging legal, safeguarding the vital interests, withcharacteristics of order, popularity, independence and conditionality, to maintain social equityand justice, intensify law enforcement team construction and further human rights protection.In terms of law-abiding thought, he considers it is respect and obedience for law, whichoccupies a very important position in operation of law. He puts forward that legal safeguardscitizens to exercise rights and obligations, the whole must obey law, the party is a model toobey law, the party leads state and society correctly and to raise public awareness oflaw-abiding through education, with purpose of maintaining the dignity and authority ofconstitution and law. It has characteristics of universality, uniformity and mandatory, whichimpulses the whole society to obey law, persists in unity of rights and obligations and realizesrule of law. The socialist legal construction should actively learn from legal thought ofLiu-Shaoqi, adhering to leadership of the party to guide the right direction of socialist legalconstruction, developing the socialist market economy to lay a solid foundation for socialistlegal construction, insisting democracy to provide a necessary premise of socialist legalconstruction and building a socialist culture power to create a good environment for socialistlegal construction, according to requirements of the18th national congress of the communistparty of China and the government work report, to promote rule of law and development ofsocialism.