On Pan Nianzhi’s View Of Constitution In The New Period

Pan Nianzhi(1902-1988)was an early member of the Communist Party of China,a participant and leader in the party’s cultural propaganda work,and also a jurist with great influence in the early stage of the new era in China,one of the "masters of Social Sciences in Shanghai".In the long-term practice of revolution and construction,pan Nianzhi successively engaged in party and League organization,culture and propaganda,political power construction,education and scientific research management and academic research.In his early years,pan Nianzhi came into contact with progressive thought and began to consciously study the basic principles of Marxism.In his research career of constitutional law,he has always been guided by the principles of Marxism,combined with Chinese practice,through the analysis of the capitalist constitution and the old constitutionalism in modern China,and formed a unique view on the theory of Chinese constitution.Especially after the third session of the Eleventh Central Committee of the Communist Party of China,pan Nianzhi made a deep reflection on the "left" errors according to Mao Zedong’s exposition on the Constitution and Deng Xiaoping’s legal thought.Combined with the vigorous development of legal construction at that time,including the discussion of the 1982 draft constitution,his view of China’s socialist constitution has made a qualitative leap and formed the concept of constitution in the new period.Pan Nianzhi’s view of constitution in the new period is based on the socialist principle and the principle of equality,which establishes the socialist attribute of the Constitution and its authoritative position in the socialist legal system.Pan Nianzhi systematically discussed the dialectical relationship between democracy and the legal system,and around the party’s leadership of the legal work,expanding civil rights and improving the system of the people’s Congress,improving the composition and functions of state organs,he insisted on the principle of "everyone is equal before the law" and earnestly guaranteed the implementation of the constitution,and put forward a series of views with distinct era mark and personal characteristics Point.On the basis of adhering to the principle of socialist constitutionalism,his constitutional view is based on the reality of China in the new period,and strives to apply Marxist legal theory to the work of amending the constitution,pursuing the organic combination of theory and practice;while emphasizing not only the confirmation and guarantee of the achievements of reform and opening up since the founding of new China,but also the analysis of new problems and new situations and the reform of the current situation,his constitutional view shows the following characteristics The unity of stability and reform and development,the unity of principle and flexibility have left us valuable ideological wealth.Pan Nianzhi,together with Zhang Youyu,a famous jurist of the same period,is known as "North Zhang and South pan".Exploring pan Nianzhi’s life path and studying the formation,development context and important position of his constitutional view can provide reference for combing the development of constitutional theory and legal construction in the early stage of reform and opening up,and also has certain theoretical and practical significance for today’s construction of socialist rule of law in China.