The Theory And Practice Between The The Communist Party Of China And The Law’s Relationship In The Initial Period Of The Establishment Of China(1949-1956)

Xi Jinping pointed out:"the law is the Unity Party advocates and the will of the people, the party leading the people to formulate the Constitution and laws, the party leading the people to implement the Constitution and laws, the party itself must be within the scope of the Constitution and law, which is the embodiment of the leadership of the party." straighten out the relationship between the party and the law is not only comprehensively promote the rule of law is the fundamental requirement and basic guarantee, is the inevitable requirement of the modernization of national governance systems and governance capacity.China Communist Party from a revolutionary party to the ruling party development, should adopt what kind of governance in order to achieve the national long period of stability? How to handle the relationship between the leadership and the party’s law? Marx, Engels in the Paris commune period, although there have been some discussion about how to treat the law, also attaches great importance to the basic principles of the legal system, but because of the historical conditions of development and restrictions of various subjective and objective reasons not related to the theory and practice of the specific relationship between the party and the law; Lenin put forward some basic principles of important party relations in the practice of socialist construction, such as "the party must in the constitution, the law within the scope of activities, the Communist Party personnel more severe punishment than to deal with" in theory, but limited to the historical condition at that time did not have time to deal with this problem.The initial stage of new China (1949-1956), has been actively exploring with Mao Zedong as the core of the collective leadership of the party on the relationship between the party and the law. The law repealed the old new laws, in the change of the old law, formulated the constitution of 1954 and a series of laws and regulations to protect people’s rights and interests; party method rely on the suppression of counter revolutionaries security of the new regime, the guarantee of economic development; Party leadership in law at the same time gives everyone all Party members and the people are equal before the law, the party must be within the range of constitution and law and a series of activities of the correct relationship between the party and law theories and viewpoints, and accumulated valuable experience in the theory and practice. At the same time, we must also be aware of. Since the founding of domestic and international economic and military environment, coupled with the weak theoretical basis of the relationship between the party and law, the traditional legal culture and lack of understanding of the law Chinese Communist Party itself is not fully subjective and objective reasons Party in the theory and practice have some wrong understanding and practices, these for us the moment to deal with the new era of the relationship between the party and provides valuable experience and inspiration.According to Marx and Engels, Lenin’s theory of the relationship, especially after the founding of the People’s Republic of China at the beginning of the relationship between the party and the specific theory and practice, we should recognize the big party or method "is a false proposition must be from China reality adhere to in accordance with Chapter party by laws, improve the Party leadership for the rule of law, to actively explore the relationship between the party and path of the rule of law.