The trial system in the Central Soviet period was established and developed with the incipient construction of state power.While conducting the revolutionary war,the Chinese Communist Party established a trial system based on the Marxist-Leninist theory of jurisprudence,the merits of the Western bourgeois trial system,the experience of Soviet Russia in legislating and establishing a trial system,the criticism of the trial system of the old legal system of the Kuomintang,and the reflection on the traditional Chinese trial system combined with the accumulation of trial experience before the establishment of the Central Soviet Union and its own actual situation.The effective trial system not only effectively relieved the pressure of social governance,but also made a great contribution to the victory of the revolution.The Soviet regime established relatively complete trial institutions,including the Supreme Court,the State Political Defense Bureau,the purge committees,local magis trates’ departments at all levels and military magistrates’ offices.The setup of trial inst itutions reflected the characteristics of serving the revolutionary war,and they divided the work and completed the trial work at that time in an orderly manner.The trial pro cedure was divided into three steps: pre-trial,preliminary trial and final trial,in which the pre-trial work had the characteristics of investigation.A series of trial principles were created in the trial work,such as the principle of equality for all in the trial of ca ses,the principle of the mass nature of the trial work,the principle of insisting on trut h and fact in the trial and the principle of punishing beforehand and educating afterwa rds,etc.These principles were full of revolutionary,rational and humanist colors.The Party and the Soviet government,through the selection of jurors for the courts,the im plementation of open trials,the establishment of the itinerant trial model,the applicati on of people’s mediation,the implementation of the recusal of judges,the granting of t he right of defense and appeal to the parties,and the implementation of the review and approval methods,have formed a set of more mature trial systems,which both imple ment the mass line and focus on the protection of human rights,and both learn from t he Soviet Union and have their own These trial systems have both implemented the m ass line and paid attention to the protection of human rights,and both learned from the Soviet Union and had their own originality,which provided sufficient power support for the trial institutions and strongly supported the construction of Soviet power.The trial system during the Central Soviet period had strong Soviet characteristics and a distinctive brand of the times,incorporating mass participation in trials,implementing open and democratic trials and independent trials by courts,and establishing the mode of case handling by circuit and people’s mediation.It facilitated the participation of the masses in the lawsuits,increased the enthusiasm of the masses to participate in the revolution,and also provided experience for the judges of today to insist on independent and democratic trials according to the law.Despite the severe circumstances of the revolutionary war,the "leftist" ideology that led to the expansion of the purge of the Chinese Communist Party and the over-implementation of the class line by the judiciary,abundant results were achieved,and the people’s trial system was established,which effectively consolidated the Soviet power and promoted the development of the revolution.Standing at the new historical starting point,we should face up to the problems and shortcomings of the trial system during the Central Soviet period,absorb the lessons learned,and perfectly integrate its beneficial experience into the reform of the trial system in the new era. |