Research On Lenin's Constitutional Thought

Lenin's constitutional thinking helped the Russian people overthrow the old rule system and made the tsarist autocratic government and the bourgeois interim government a thing of the past.Lenin used the constitutional idea to guide the proletariat to establish state power,and then to formulate a socialist constitution,leaving a strong and colorful stroke in the history of socialist law development,which has far-reaching influence on China's rule of law theory and practice.The thesis summarizes,analyzes and evaluates Lenin's constitutional ideology from four aspects: ideological origin,historical development process,main content and significance.The first part is the ideological origin of Lenin's constitutional thought.It is explained from the following three aspects: the legal thought of European utopian socialists,the constitutional thought of bourgeois enlightenment thinkers and the constitutional thoughts of Marx and Engels.Regarding the legal thoughts of European utopian socialists,Lenin criticized them critically,he affirmed their critique of the bourgeoisie,and pointed out that the theory of the utopian socialists lacked the support of social existence.For the constitutional thought of the bourgeois enlightenment thinkers,Lenin summed up the constitutional purpose from the bourgeois constitution and analyzed the true intentions of the bourgeoisie.For the constitutional thoughts of Marx and Engels,Lenin made creative developments on the essence of the constitution,the dictatorship of the proletariat,and the human rights of the proletariat.The second part summarizes the historical process of Lenin's constitutional thought,which is embodied in three stages: the germination period,the development period and the maturity period.From 1893 to1904,it was the bud period.During this period,Lenin criticized the Tsarist autocratic system,attacked the capitalist law,and began to expose the drawbacks of the Tsarist government.From1905 to 1917,during the development period,the outbreak of the revolutionary movement prompted Lenin to recognize the hypocritical nature of the capitalist constitution and explore the essence of the proletarian constitution;After 1917,it was a mature period.After the victory of the October Revolution,Lenin promulgated the first socialist type of constitution,stabilized the proletarian regime in the form of law,and guaranteed the rights of the people.The third part explains in detail the content of Lenin's constitutional thought,which can be divided into three aspects.The first is the constitutional essence theory.By comparing the constitution of capitalism and the constitution of socialism,it is concluded that the socialist constitution is the embodiment of the will and interests of the proletariat.The second is the constitutional value theory,which is divided into two aspects: the constitution is the guarantee of civil rights,and the constitution is the basic guarantee for consolidating the Soviet regime.The third is the theory ofparty-law relations.Lenin believes that the party must use the law to manage socialist state affairs,and should implement its own decisions within the scope of the Soviet Constitution,and stipulate strict punishment for the violations of party members.The fourth part is about the influence and enlightenment of Lenin's constitutional thought on the construction of rule of law in China.The influence on the rule of law construction in China is demonstrated from three parts:constitutional theory,constitutional textbook construction and constitutional practice.Lenin's constitutional thought guided the formulation of China's 1954 Constitution,promoted the development of China's legal research,and was of great significance to the construction of the socialist rule of law with Chinese characteristics.