| Mao Zedong is a great marxist,his ideology of criminal law is an important part of Mao Zedong Thought.In the past,it had played an important role in protecting the state power and maintaining the nation-building order,and now it is still playing a significant role in realizing the overall goal of comprehensively promoting the rule of law and building a harmonious society of socialism.Mao Zedong's ideology of criminal law has not only been reflected in the development of Criminal Law of the the People's Republic of China,but also in the Penal Code and Criminal Procedural Code of the People's Republic of China.With the methods of literature research and interdisciplinary research,this thesis makes a deep study of Mao Zedong's ideology of criminal law.Mao Zedong's ideology of criminal law mainly comes from three aspects: Marxism ideology of criminal law,Chinese traditional law thought,and the experience of CPC's criminal law practice.Mao Zedong's ideology of criminal law has the rich content: the guiding ideology is “all proceeding from the reality”;the basic principles are seeking truth from facts,democracy to the people and dictatorship to the enemy,and the combination of punishment and leniency.As for “commiting a crime”,Mao Zedong believed that it was an act endangering the interests of the country and its people.With regard to dealing with “criminals”,Mao Zedong put forward the idea of “Remoulding is the first and laboring comes then.” As for the treatment of “death penalty”,Mao Zedong advocated that death penalty should be reserved and used with caution.Mao Zedong creatively put forward the idea of death penalty with a reprieve.During the period of the new democratic revolution,Mao Zedong transformed himself into a marxist and established a marxism view of criminal law,which was mainly manifested in the land reforms in the past,with several punishments on the landlords,local tyrants and evil gentry who destroyed the production of base areas.During the period of socialist revolution,it was mainly manifested in the counterrevolutionary movements against various crimes in the economic and political fields,as well as the “Three Counterrevolutionary Movements” and “Five Counterrevolutionary Movements”.In the initial period of socialist construction,the documents of criminal law still played a certain role even although the legal system construction has been destroyed to some extent.The most representative ones are “Six Articles of Law” approved by Mao Zedong and discussed at the meeting of the political bureau of the CPC central committee,as well as “One Fighting and Three Objections” movement.The criminal law is undergoing a tortuous development with some misjudged cases.We should adopt a scientific and rigorous attitude towards Mao Zedong's thoughts and the practice of criminal law.We should not only pay attention to its deficiency in theory and practice,but also absorb its essence to guide our criminal judicial practice in the new era.We should correctly handle the relationship between the criminal law and criminal policy of our Party,and strictly abide by “The Principle of Legality”.We should correctly handle the relationship between fighting against crimes and remoulding criminals,and attach importance to the means of criminal punishment based on education and labor.We should also correctly handle the relationship between applying the criminal law to protecting citizens' human rights and punishing criminals.The criminal suspects also have human rights,we should pay attention to the “degree” of punishment in the process of punishing.The innovation of this thesis lies in the application of the results of Mao Zedong's ideology of criminal law in the field of contemporary criminal policy and human rights protection.By digging deeply into Mao Zedong's ideology of criminal law,this thesis studies and discusses the thoughts of legal construction in the new era of socialism,with an expectation of contributing to the legal construction in the new era of our country. |
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