Research On Dong Biwu’s Legal Thought

Dong Biwu’s life is the epitome of modern Chinese historical changes.He experienced the late Qing Dynasty,the early Yuan Dynasty,the Beiyang government,the Kuomintang government,and especially participated in the founding of the people’s Republic of China.In each period,he stood in the forefront of the revolutionary struggle and fought for a long and unremitting struggle to overthrow the monarchy,build the Republic,oppose autocracy,and strive for democracy.Dong Biwu,as an important member of the first generation of leading collective of the Communist Party of China and the founder of China’s socialist legal system construction,adheres to the guidance of Marxism,attaches importance to the important role of law in the state power and social life,and lays the foundation for the construction of the socialist legal system by carrying out the work of legislation,justice,law enforcement and law-abiding.On March 10,2011,at the second plenary session of the fourth session of the Eleventh National People’s Congress,Wu Bangguo,chairman of the Standing Committee of the National People’s Congress,announced that the socialist legal system with Chinese characteristics has been formed;since the 18 th National Congress of the Communist Party of China,the party has put forward higher requirements for the rule of law and the construction of a socialist country ruled by law,and the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China has made the top level of comprehensively promoting the rule of law Design: the 19 th National Congress of the Communist Party of China put forward a new task to comprehensively promote the rule of law in the new era.In the new era,a comprehensive understanding and grasp of Dong Biwu’s legal thought can provide useful guidance and Enlightenment for comprehensively promoting the rule of law at present.This paper is a comprehensive and in-depth study of Dong Biwu’s legal thought by combing Dong Biwu’s literature collection,biography and legal thought research,which is divided into five partsThe first part is the theoretical source and practical basis of Dong Biwu’s legal thought.This paper mainly expounds the theoretical sources of the formation of Dong Biwu’s legal thought,and probes into the practical basis and self experience of the formation of Dong Biwu’s legal thought.The second part is the historical stage of the formation of Dong Biwu’s legal thought.According to Dong Biwu’s legal practice experience in different historical periods,it can be divided into four stages: germination,formation,maturity and development,so as to reflect the historical process of the formation of Dong Biwu’s legal thought.The third part is the main content of Dong Biwu’s legal thought.This paper mainly studies his legislative thought,judicial thought,law enforcement thought and law-abiding thought,and explains the theoretical connotation of Dong Biwu’s legal thought.The fourth part,the characteristics of Dong Biwu’s legal thought.Through the analysis of the formation process and main contents of Dong Biwu’s legal thought,this paper summarizes the three characteristics of Dong Biwu’s legal thought: emphasizing that there should be clear boundaries among the party,the government and the law;taking the interests of the people as the standard;paying attention to formal justice.The fifth part is the evaluation of Dong Biwu’s legal thought.By analyzing the theoretical and practical significance of Dong Biwu’s legal thought,this paper expounds the important value of Dong Biwu’s legal thought,and analyzes its historical limitations in order to achieve a comprehensive,objective and correct understanding of Dong Biwu’s legal thought.