A Study On The Xie Juezai's Legal Institutions Thought In Yanan Period And Its Contemporary Value

Xie Juezai was born in 1884,the original name of Xie Weiyun,the character of the south,the nickname,the old Chinese Communist Party proletarian revolutionist,statesman,jurist,social activist.In the era of revolutionary war,he engaged in party and government affairs,United Front work,justice and propaganda work,and immortal achievements for the party and people.In the Shaanxi Gansu Ningxia border region,he created the embryonic form of the people's judicial system under the revolutionary regime and became one of the founders of China's revolutionary judicial system.This article,taking the legal thought of Xie eeai as the research object in Yanan period,analyzes the background of Xie consciousness' s legal thought in the period of Yanan,and summarizes the main contents and characteristics of Xie Juezai's legal thought in the period of the period of Yanan,and more important is to combine the present time.On behalf of the background,discuss its contemporary value.This paper,based on the Xie Juezai anthology,Xie Zai Zai diaries and Xie Juezai's biography,makes a systematic summary and induction by literature research,abstract and concrete combination,interdisciplinary research and comparative analysis,supplemented by relevant historical materials,and tries to generalize Yanan to the greatest extent.The main content of Xie consciousness of the legal system in the period.This article has five chapters: the first chapter is the introduction of the paper,which introduces the background and significance of the research,the research review,the research method,the research content and the innovation points;the second chapter describes the foundation of the legal thought of Xie consciousness in Yanan.From the four aspects of theory,history,reality and practice,this paper respectively discusses what kind of influence they have played in the formation of Xie's legal thought.The third chapter is the central part of the thesis,and expounds the main contents of Xie Jie-Ya's legal thought in the Yanan period.From the three angles of legislation,judicature and practice,this paper summarizes the contents of its legal thoughts based on data.In each of them,a more detailed exposition is carried out.The fourth chapter sums up and generalizes the characteristics of Xie consciousness' s legal thought in Yanan period.After analyzing its comprehensiveness and criticism,pragmatism and people's nature,maturity,openness and class nature,it points out its limitations and points out that it is restricted by the times.The fifth chapter is based on the contemporary significance of Xie's legal thought in Yanan period,and analyses the experience that can be learned from the practical needs and existing problems in the contemporary judicial practice.The legal thought of Xie consciousness in Yanan is the product of the interaction of various factors.It summarizes the whole process of legal activities in three aspects as legislation,judicature and practice.Xie Hsieh's legal thought in Yanan period has its contribution to the times,but it is also limited by the time factors.When we sum up and draw lessons from the valuable ideological wealth left behind,we should also pay attention to reflect on its historical limitations.More importantly,combining with the specific national conditions of the present times,the essence of its thought is discussed as the guidance of the rule of law at present,so as to facilitate the construction of a socialist rule of law civilization with Chinese characteristics.