Research On The Criminal Law Of QiongYa Revolutionary Base

QiongYa revolutionary is an important part of new-democratic revolution lead by communist party of China, which last all through the agrarian revolution, the Anti Japanese War, war of liberation for 23 years. The criminal law of QiongYa revolutionary was deeply branded with the imprint of the times.In addition to the unified policies and laws of the Party. Central Committee and the Central Soviet Area, QiongYa revolutionary also enacted a series of criminal law autonomously, according to its own needs, which basically meet the needs of liberated area to combat all kinds of crime and played a role in protecting the rights and interests of the people and ensuring the process of revolution. The criminal law of QiongYa revolutionary had distinct revolutionary attributes, the purpose and content of which were all around the task and need of the revolution. At the same time, leading by the Marxist theory, QiongYa criminal law established the principle of equality, the principle of suiting penalty to crime and criminal responsibility, the principle of bearing responsibility solely for one's own crime, the principle of prohibition of corporal punishment. The criminal law of QiongYa revolutionary mainly established charges of crimes of counterrevolution, traitors crimes, embezzlement, counterfeiting currency crime, and provided the basic elements of the crime and the corresponding penal measures. In the penalty area, QiongYa revolutionary criminal law stipulated the life penalty and freedom penalty as the main penalty, and confiscation of property, the attainder of additional punishment as additional penalty. Through legislative and judicial practice, QiongYa revolutionary criminal law established a series of sentencing factors including the surrender, confession, the status of the crime, the identity of the criminal, the social impact of the trial, the social situation and so on. The judicial organs of QiongYa revolutionary is relatively simple, early the period, the Committee of elimination of counterrevolutionaries or Soviet government unified exercised the judicial power, judicial branch was established in the period of Anti Japanese War period and the liberation war that was responsible for criminal cases investigation, trial and execution. In order to limit the death penalty, QiongYa established the review mechanism of death penalty, and set up the trial and prison report system to strengthen the supervision to the grass-roots criminal justice; besides, QiongYa,had also passed specific documents requiring to treat the crime nicely, and carrying out ideological and political transformation.Under the background of stressful revolutionary struggle, QiongYa revolutionary criminal law formed the characteristics of distinctly political nature and purpose, paying attention to combating corruption crime, the judicial procedure of administration as well as the adhere to the mass line, helping to satisfy the need of fighting with crime, stabilizing the rear, promoting revolution time. It can provide useful reference and inspiration for today's criminal legal system construction. At the same time, limited by the background of the times and the legislative technology, the rule of law knowledge and other factors, QiongYa revolutionary criminal law had not fully established the principle of principle of statutory crime, and a systemic criminal legislation; limitations of no clear provisions of the crime, the permission of analogy and retroactivity also existed. As for today's criminal legislation, we should set up our confidence to legislate and response to the new type of crimes timely only when we have a full investigation and a pinpointed position; the deep harm to the crime of corruption should be recognized and we have to resolutely continue to combat corruption; The masses of the people is an important force in the struggle with the criminals, we should rely on the masses to fight crime; and as well, we must adhere to the neutrality of the judiciary, the judiciary should not be used as a tool except to achieve justice.