| Dong Biwu is one of the founders of the Communist Party of China,a great Marxist and an outstanding proletarian revolutionist.Before the founding of New China,as one of the Party’s leaders,he had been responsible for government,United front,judicial,disciplinary inspection and other work,and made great contributions to the Party and the people.After the founding of New China,he became the main leader of the legal system construction in New China.On the occasion of the 70 th anniversary of the founding of the People’s Republic of China,studying Dong Biwu’s legal thought in the 17-year period of the People’s Republic of China can not only clarify the historical process of the development of the legal theory of the People’s Republic of China,enrich the achievements of the legal theory of the Communists of China,but also provide a reference for building a socialist legal system with Chinese characteristics and a socialist country ruled by law.Based on the documents of “Dong Biwu’s Law Collection”,“Dong Biwu’s Political and Law Collection”,“ Dong Biwu’s Biography”,“Dong Biwu’s Chronicle” and “Dong Biwu’s home letters”,this paper summarizes and summarizes the collected documents by means of literature research method,interdisciplinary research method,theory and practice combined research method and case study method,in order to comprehensively analyze the 17-year period of New China.Dong Biwu’s legal thought is studied.The first chapter is the introduction chapter of the article,which introduces the research background and significance,research summary,research methods,research contents and innovation points.The second chapter discusses the conditions for the formation of Dong Biwu’s legalthoughts in the 17 years of New China from three dimensions: theoretical sources,practical basis and era conditions,and expounds the influence of these three dimensions in the formation of Dong Biwu’s legal thoughts in the 17 years of New China.And function.The third chapter is the most important part of the paper.It elaborates the main content of Dong Biwu’s legal thought in the 17 years of New China from four aspects: legislation,justice,law-abiding and legal education.Chapter IV introduces the value implication and historical limitations of Dong Biwu’s legal system thought in the 17 years of New China.It holds that the value implication of Dong Biwu’s legal system thought is based on upholding and improving the Party’s leadership,centering on serving the people,taking the complete break of the relationship with the old legal system as the premise,taking the systematic and comprehensive content as the system,and taking the final practice as the goal.The fifth chapter is based on the Contemporary Enlightenment of Dong Biwu’s legal thought in the 17 years of New China.Combining with the practical problems existing in the construction of socialist legal system with Chinese characteristics in the new era,it summarizes the experience that can be drawn from Dong Biwu’s legal thought in the 17 years of New China.Dong Biwu’s legal thought in the 17 years of New China is the product of the combination of the legal thought of Marxism-Leninism and Mao Zedong Thought and the legal theory of the continental legal system with the objective reality of the 17 years of New China.It has a very rich content,involving legislation,justice,law-abiding,legal education and so on.However,we should see dialectically that Dong Biwu’s legal thought in the 17 years of New China has made tremendous historical contributions and also has certain historical limitations.In summing up and drawing lessons from Dong Biwu’s valuable experience of legal thought,we shouldalso pay attention to avoiding its historical limitations.Moreover,when exploring the essence of its thought as the reference for the construction of a socialist legal system with Chinese characteristics,we must integrate with the construction of socialism with Chinese characteristics into the specific national conditions,the party’s feelings and the world situation in the new era,so as to better build the socialist legal system with Chinese characteristics. |
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