Research On The Legal Supervision Thought Of Peng Zhen

Peng Zhen (1902-1997), a great proletarian revolutionist and a prominent leader in the work of our party and country, is the main founder of the Chinese legal supervision system.Peng Zhen,a firm Marxist pursuing of serving the people in the whole lifetime,tried his best to construct legal system to safeguard the right that the people is the master of country.The research on the legal supervision thought of Peng Zhen can provide a useful reference for our country to promote the construction of comprehensive rule of law at the present stage.This thesis is divided into six parts to arrange and analyze the legal supervision thought of Peng Zhen.In the first part, it’s a briefintroduction to the gist and significance of this topic,and combing the domestic academic achievements of research on Peng Zhen,especially the related academic works about the legal supervision thought of Peng Zhen,in order to get some beneficial enlightenment for this study according to the predecessors research.In the second part,there are the theoretical origin and practical basis of Peng Zhen’s legal supervision thought. Through analyzing the legal supervision ideological formation from the two dimensions of theory and practice,it’s certainly view that we can make a deep understanding about the legal supervision thought of Peng Zhen,and provide macro thinking for the objective evaluation on the legal supervision of Peng Zhen. And, there is the combing about the formation and the development of Peng Zhen’s legal supervision thought on the basis of macro-research. Firstly, the legalsupervisionthought of Peng Zhen germinated in the new-democratic revolution, and Peng Zhen completed the initial accumulation of legal knowledge during the struggle against the reactionary rule of the Kuomintang. Secondly, the practice of legal construction in the early founding 17 years, made the legal supervision thought of Peng Zhen initially formed, and made the legal supervision system with the prosecutors as the state organs for legal supervision basically completed structures. Thirdly, the legal supervision thought of Peng Zhen developed amidst twists and turns. The catastrophe of the "Cultural Revolution", which was continuing a decade, gave Peng Zhen deep shock and made him thinking the solution to the problems of the Chinese legal construction in adversity.Fourthly, after the third plenary of the 11th CPC session, the legal supervision thought of Peng Zhen became mature progressively.In the third part, it’s a systematic summary about the main content of Peng Zhen’s legal supervision thought.Above all, it elaborates the Peng Zhen’s understanding about the necessity of legal supervision. Peng Zhen believes that strengthening legal supervision could be in line with the national nature that the people are the masters of the country, but also for safeguarding the unification and the dignity of the Constitution and the laws. Meanwhile, it can avoid the miscarriage of justice, the false cases and the wrong cases through the construction of legal supervision to a great degree. Thus, the country can keep the stability and orderly political situation. Followed by, there are generalizations about Peng Zhen’s opinion on the basic principles of legal supervision:upholding the leadership of the Communist Party of China, relying on the masses, and insisting in accordance with law. Furthermore, there is the analysis on Peng Zhen’s cognition about the subject oflegal supervision. Peng Zhen thinks there are two necessary requirements to construct diverse legal supervision subject. On one hand, as the national authority, the People’s Congress and its Standing Committeeshould perform its legal supervision duties. On the other hand, it requires the judiciary must adhere to the prosecution as a premise under a special national legal supervisory authority, mutual restraint, mutual cooperation and fulfill their legal oversight powers. The most important thing is it is necessary to fully mobilize the masses to participate in the legal supervision.In thefourth part, it briefly summarizes the characteristics of Peng Zhen’s legal supervision thought.Andon the basis of historical analysis, this part briefly analyzes the historical contribution and limitations of Peng Zhen’s legal supervision thoughts. First, as a Marxist, Peng Zhen’slegal supervision thoughts has the features of practical, inclusive of the people and so on. Also, it conforms to the requirements of Marxist dialectical and historical materialism, but also reflects the excellent traditional Chinese culture. All these guaranteethe vitality of Peng Zhen’s legal supervision thought. Secondly, Peng Zhen’s legal supervision thought guides the construction of legal supervision system and improves people’s legal awareness and enthusiasm of participating into legal construction.It is organic component of Deng Xiaoping’stheory. Finally, subject to the limitations of the times, Peng Zhen failed to discuss the specific ways of people’s legal supervision and offer proposals for legal supervisionlegislation.In thefifth part, it based on the analysis of the reality of the legal system in our country, generally discusses the time value of Peng Zhen’s legal supervision. During the present construction of the legal supervision in our country, we must confirmly adhere to the leadership of the Communist Party of China and strengthen legal supervision legislation to guarantee the laws of legal supervision. Meanwhile, we must do a good job in popularizing law education work and make the massesplay a great important role in the legal supervision system. What’s more,we should strengthen the academic research of legal supervision and enhance the scientific nature of the legal supervision.In a word, this paper considers Peng Zhen’s works during his lifetime as historical data and takes other scholars’ academic research achievements as reference.On the basis of detailed analysis and deep research, this paper tidies, analyzes and evaluates Peng Zhen’s legal supervision thought and does a analysis to the practical value of Peng Zhen’s legal supervision thought.