Research Of Legal System Development In Fujian, Zhe Jiang And Jiangxi Revolutionary Base Area

The Revolutionary base area of Fujian, Zhejiang and Jiangxi Provinces is a significant part of soviet area created by people and army under the leadership of communist members like Fang Zhimin, ShaoShiping and Huang Dao during the second domestic revolutionary war and it is an important part of Chinese soviet movement. This base area is also called northeast of Jiangxi of Fujian, Zhejiang, Anhui and Jiangxi Revolutionary base area and located in these four border areas and played an important role during agrarian revolutionary war. It has released a number of laws, rules, regulations and other legal documents and formulized initial legal system in the revolutionary base area during the six years of base regime. In the 1980 s, People has gradually started legal literature work of Fujian, Zhe Jiang and Jiang Xi revolutionary base area, and assembled into publish in succession. This thesis is devoted to dig in the new historical materials and study legal system development status in Fu Jian, Zhe Jiang and Jiangxi base area based on historical materials; and also summarize characteristics and lessons learned from those experiences.In fact, Research about Fu Jian, Zhe Jiang and Jiangxi revolutionary base area has been kicked off since the reform and opening up policy implemented in Academic community and it’s still going on. Achievements have been reached involving many aspects in the construction and developing in the base area, mainly include base area establishment &development and comments on economy, politics and culture, evaluate the status and historical contribution of base area, at the same time study the revolutionary contribution of Fang Zhimin and some other communist members. While the study on legal development in base area has not been formulized into system and current study is mostly from collecting legal documents which is mainly about the introduction and description of laws, few about construction course of legal system, laws and juridical practice, characteristics of the construction in legal system and experience of research. Besides all these lack comprehensive, systemic and targeted study.Author has collected and integrated many legal documents and generalized legislative, juridical and legal status systemically and finally summarized characteristics and experience of legal development in Fu Jian, Zhe Jiang and Jiangxi revolutionary base area by absorbing predecessors’ research outcomes and fully using the basic principle of Marxism-Leninism combined with development course of base area and historical background. This has maked up the deficiency of the legal development research in Fu Jian, Zhe Jiang and Jiangxi revolutionary base area, which is the biggest innovation point of this thesis.This thesis is divided into five chapters, The first one is introduction which is mainly about research origin and significance, research status, research content and method, basic concepts, research innovation and deficiency; Second chapter introduces legal development background and course, The objective need of revolution development, inevitable developing requirement in consolidating base area and internal needs to construct the regime have promoted the maturity of base area legal system development. It has gone through three phases: start-up, development and stick to the base area. Chapter three describes the guiding ideology of the legal system construction and legal authority institution. Under the leadership of Chinese communist party by adhering to the guidance of Marxist theory, worker & peasant democratic dictatorship and serving the core work, legal construction work is carrying out in full swing and has established comprehensive legislature and judiciary department to ensure the authority, legitimacy and implementation of laws. Chapter four introduces significant laws, regulations and judicial practice in the base area. Mainly illustrate the base area democratic regime & economic development and clean government construction achievements from the perspective of constitutional law, organic laws for government institutions, economic rules and supervising and inspecting regulations. Chapter five describes the characteristics and experience of the legal construction in base area; it summarizes and refines characters that are about consistence with central Soviet area in legal construction, innovative in department laws, sound in legal system and general “Left” error in base area and lessons that leading by Chinese communist party, people’s democracy and principle that everything setting out from reality.Legal system development in Fu Jian, Zhe Jiang and Jiangxi revolutionary base area is one part of new-democratic revolution and played an irreplaceable role in Chinese legal developing course. It has not only formulated laws, regulations and preliminarily established legal system, but also identified a number of important basic systems, guiding principles, policies as well as correct ideological path and working methods. Major achievements and great success in legal system construction in base area provide historical lessons learned for ruling government by law in contemporary China.