The construction of the rule of law in the urban liberation zone -take the Harbin Liberation Zone as an example
June 30, 2021 11:15 Source: "Chinese Social Sciences" June 30, 2021, Issue 2197, 2021 Author: Wei Shuang

The Communist Party of China and the Chinese people "not only good at destroying an old world,Also good at building a new world "。Harbin is the earliest liberation of the big city under the leadership of the Communist Party of China,The practice of the construction of the rule of law is a typical representative of the democratic regime established by the Communist Party of China under the leadership of the Communist Party of China,From the countryside to the city、An important turning point from the region to the country,It is also a broken old order in the construction of the rule of law in the city、Bold exploration of establishing new order。The rule of law exploration of the "removal of the old cloth new" in Harbin Jiefang Area provides valuable experience for the liberation of other cities and the construction of the rule of law after the establishment of the New China。

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Talent team building is an important guarantee for the construction of the rule of law。In the early stages of liberation of the city,Chinese Communists still lack urban management experience,Law of the rule of law,Therefore, the combination of boldly reserved "old staff" and key selection of "new youth" to make up for the lack of talents。

Disposal of old staff,The Communist Party of China has controversy since the end of 1945: on the one hand,According to Marxism -Leninism on the national doctrine of "completely smashing bet365 live casino games old national machines",Proposal to clear all old personnel when establishing a new regime; on the other hand,,Due to insufficient power of its cadres、Insufficient urban management experience,It advocates the consolidation and establishment of a new regime by relying on the appropriate measures of the old personnel。until 1949,To ensure the complete receiving and smooth reception of Beijing -Tianjin and other large cities,Comrade Mao Zedong proposed that the "package down" policy ended the argument of the above problems。Exploring the policy of "package down" policy,After the liberation of Harbin, the Chinese Communist Party's retirement of old staff、Education and transformation is the earliest attempt。Take the People's Court of Harbin Jiefang District as an example,When Shao Tian served as Dean of Shao Tian as the Puppet Manchurian Court on August 23, 1946,Based on the "hostile democratic regime、Persons with lack of working ability to clean,Principles that are better to perform well in the old courts ",Qing retired 89 people, including Yang Jiemin, the president of the old court,Reserved 59 old staff。In order to complete the education and transformation of retained personnel,The Communist Party of China takes a lecture center、Training classes and political learning methods,The content of the study is mainly revolutionary theory,The textbooks for learning are mainly Mao Zedong's "Chinese Revolution and the Communist Party of China"、Fan Wenlan "Modern History of China"、Mao Zedong "Learning and Time Bureau"、Northeastern Daily Writing Society bet365 live casino games Collection "On War"。After education transformation,Destroy the fantasy of the retained person in the Chiang Kai -shek regime,Let them have a correct understanding of the Communist Party of China,can also consciously apply the party's policy to work。Harbin Jiefang District Court has judicial skills、Persons who have no reactionary or bad before,Generally not to be cut off for retention,"Packing down" policy。This policy directly guides the work of liberating the city one after another to review the work of old personnel and new intellectuals,It plays a key role in the rapid stability and stability of urban order,Fixed in 1951 in the "Policies of" Packing down "in the" Correct Explanation of the Old Personnel "in 1951。

Cultivation of newcomers,The democratic regime of the Harbin Jiefang District is based on the principle of "rather than the abuse","Clear History (‘ September 18 ’,After recovery)、Good ingredients; don't be too old; simple social relationships; solid style,Good mass relationship "is the selection standard,In "Workers、Student、Campaign and other activists for selection,After three batches of cultivation,I chose a large number of "new youth" to serve the construction of democratic regimes。

The experience of "old staff" and "new youth" in the education transformation of the Harbin Jiefang District Education Reconstruction,Comrade Zhang Wentian has given high evaluation in his work report,He believes that although the old staff worked under the Japanese pseudo -rule,But they are not all hostile forces,Can't "all draw on the side of the hostile forces","Should fight for them"; select new bet365 Play online games staff members "come from the masses"。This policy and experience have been learned from major cities that are later liberated。

 Abolition of the "Old Law" and creating the "New Law"                        

February 22, 1949,​​The Central Committee of the Communist Party of China released the "Instructions on the abolition of the Kuomintang's Six Laws and the Judicial Principles of the Liberation Zone",Clearly abolished the legal effect of the Kuomintang's "Six Laws"。Before that,Although the Central Committee of the Communist Party of China has not promulgated specific laws on the abolition of the Old Law,But in the Harbin Liberation Area, in addition to some civil cases, the laws of the Republic of China law that does not conflict with the revolutionary decree,Other regulations that can be promulgated with newly promulgated、Policy replaces the law. New policies and new regulations。The abolition of the "Old Law" is completed in three stages to complete。From liberation to October 16, 1946, the Northeast Administrative Committee promulgated the "Instructions on Judicial Administration and Organization Issues",Due to the establishment of a stable order,Do not have the conditions to carry out legislative activities,can only be temporarily applied to the "old method"。On October 16, 1946, the Northeast Administrative Committee promulgated the "Instructions on Judicial Administration and Organizational Issues",Some "New Laws" promulgated when it is promulgated, the "New Law",Applicable "Old Law" in the field of no promulgation of "new law"。On February 22, 1949, the Central Committee of the Communist Party of China released the "Instructions on the abolition of the Kuomintang's Six Laws and the Judicial Principles of the Liberation bet365 best casino games Zone",Ming Ling Ling the Law of the Republic of China "Six Laws" legal effect,"Old Law" officially abolished。

The promulgation of "New Law" is not happened overnight。Harbin Jiefang District Democratic Regime from April to June 1946 was promulgated by "New Law" very little,"New Law" concentrated in July 1946、August、September、October 4th and 1947、promulgated in 1948。Constitutional documents in July 1946 concentratedly promulgated,August to October takes into account economic regulations、Public Security Regulations; 1947 to 1948 are regulations、The stage of a large number of legal documents,Politics、Economy、Public Security、Judicial has been consolidated and developed。until 1949,Although the regulations are still lacking systemic,But that meets the requirements of revolutionary rule of law、The legal norms that adapt to the characteristics of urban characteristics have been created,"New Democracy of the Law" order gradually forms。

  Breaking the "Old Order" and establishing "New Order"

early liberation of Harbin,Democratic regime faces people's livelihood、Prices soaring、The social condition of the bandit rampant,Excessive emphasis on the formalization and systemization of the construction of judicial institutions is obviously unsuitable,completely breaking the old judicial institution、Demonstrating all the old judicial personnel and "starting the stove" to establish a new judicial system without conditions。So,The establishment of the new order of justice is also gradually carried out。1946,In order to quickly Bet365 app download stabilize the order of law and order,The Harbin Jiefang District Court tried a typical counter -revolutionary case with public trials,In the process of public trial, cooperate with public opinion to let the masses understand the party's policy,The effect of reaching the stable order。From 1947 to 1948, the masses gradually established trust in democratic regimes,The court focuses on the concentrated struggle and punishment of "hooligan habit", "feudal residue", "illegal capitalist (traitor)" and "illegal cadres",Not only does it break the harm of feudal remnants to the people in the old society,The idea of ​​eliminating the empty of the offenders drilling the "new law" emptiness,In the process of punishing illegal cadres, a fair judicial image of democratic regime was established。

During the construction of urban rule of law in the liberated area of ​​Harbin,Chinese Communists creatively applied the basic principles of Marxism to the practice of the rule of law in the urban revolution base,Completed "Destroy the Old World、Establishing a New World "rule of law exploration,This is an important test from revolutionary rule of law to construction of the rule of law,The establishment of the legal system after the founding of the People's Republic of China is important and the choice of the rule of law。

(This article is the "YJSCX2020-001Hlju) stage-sex results)

(Author Unit: Law School of Heilongjiang University)

Editor in charge: Zong Yue
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