Characteristics and contemporary value of legal construction in the Soviet area
July 07, 2021 09:18 Source: "Chinese Social Sciences Journal" Issue 2202, July 7, 2021 Author: Jin Ruoshan

General Secretary Xi Jinping pointed out,“No matter how far we go, we can never forget the way we came”。The construction bet365 code legal system during the Chinese Soviet Republic was the first attempt by the Communist Party of China to lead the people in governing the country,The legal system in the Soviet area is the cradle bet365 code current legal system in our country。On the occasion bet365 code 100th anniversary bet365 code founding bet365 code Party, it is very necessary and significant to review and discuss the legal construction bet365 code Soviet Area。

1st,The legal system in the Soviet area is quite complete。On the one hand,The legal system in the Soviet area is quite diverse in terms of legal origins。There are universal laws in the Soviet area、Regulations、Articles、Details、Measures and other legal forms,Such as the "Organizational Law bet365 code Central Soviet Union", "Marriage Regulations", "Provisional Regulations bet365 code Labor Reformatory", "Implementation Rules bet365 code Land Policy Platform bet365 code Hubei-Henan Border Revolutionary Committee", "Measures on the Wage of Agricultural Workers" (Henan-Anhui Soviet Area) and other normative legal documents,There are also outlines unique to the revolutionary era、Resolution、Notices and other legal forms,Such as the "Outline bet365 code Provisional Organization bet365 code Hubei-Henan-Anhui District Soviets", "Resolution bet365 code Hailufeng Workers', Peasants and Soldiers' Congress - Land Confiscation Case", "Notice bet365 code Hubei-Henan Border Special Committee on the Collection of Progressive Taxes" and other normative legal documents。

On the other hand,The legal system bet365 code Soviet area basically covers all legal fields of departments。Public law,There is a fundamental law "Constitutional Outline",There are laws related to the constitution, "Soviet Provisional Election Law", "Provisional Organizational Regulations of Soviet Local Government", etc.;There are also many administrative laws,Such as the "Land Law", "Soviet State-owned Factory Management Regulations", "Resolution bet365 code Provisional Central Government on the Provisional Organizational Regulations of Cooperatives", etc.;In terms of economic law, there are "Provisional Financial Regulations", "Provisional Tax Regulations", "Provisional Regulations bet365 code National Bank", etc.;In terms of social law, there are "Organization and Work bet365 code Committee to Protect Women's Rights and Establishment of Women's Life Improvement", "Outline bet365 code Organization of Labor Mutual Aid Cooperatives", "Labor Law", etc.;In terms of civil law, there are "Marriage Law", "Resolution bet365 code Provisional Central Government on Interim Regulations on Loans", "Debt Measures" (E-Henan-Anhui Soviet Area), etc.;In terms of criminal law, there are "Regulations on Punishing Counterrevolutionaries", "Regulations on the Surrender and Reform bet365 code Soviet Government of Hunan and Jiangxi Provinces", "Soviet Provisional Criminal Law of Northeastern Jiangxi Special Economic Zone", etc.;In terms of procedural law, there are "Judicial Procedures" and "Provisional Procedures for Handling Counterrevolutionary Cases and Establishing Judicial Organs", etc.。

Second,The legal system in the Soviet area has a high degree of unity。On the one hand,The early legal construction bet365 code Soviet area in the base area laid a solid institutional foundation for the legal system bet365 code Republic。Jinggangshan、Gannan、Western Fujian and other base areas were the revolutionary base areas established earlier,The legal system construction in these places directly provides institutional resources for the legal system construction in the Central Soviet Area,And thus shaped the basic pattern bet365 code legal system bet365 code Republic。The Soviet Government of Western Fujian promulgated the "Regulations on the Election of Representatives bet365 code Western Fujian Workers', Peasants and Soldiers' Congress (Soviet)" on February 6, 1930,This regulation has 4 chapters and 20 articles in total,Qualification for election、Representative generation、Election procedures、Provisions on the term of office and replacement of representatives。Based on the electoral system in western Fujian,The plenary meeting bet365 code Central Preparatory Committee bet365 code "One Soviet Union" adopted the "Election Regulations for the First National Congress bet365 code Chinese Workers', Peasants and Soldiers' Conference (Soviet)" on September 12, 1930,And on September 26, 1930, the "Interim Regulations for the Soviet Regional Elections bet365 code First National Congress bet365 code Chinese Workers', Peasants and Soldiers' Conference (Soviet)" and the "Reactionary Ruled Areas bet365 code First National Congress bet365 code Chinese Workers', Peasants and Soldiers' Conference (Soviet)" were formulated Official Letter on Election Law。The Central Executive Committee then formulated the "Election Rules" and "The Working Rules bet365 code Election Committee" on November 27, 1931,Realized the normalization bet365 code national electoral system。

On the other hand,The Soviet areas in each base area take the initiative to be consistent with the Republic in the construction bet365 code legal system。After the Republic was proclaimed in the Central Soviet Area,Hubei, Henan and Anhui、Hunan, Hubei and Jiangxi、Fujian, Zhejiang and Jiangxi、Sichuan and Shaanxi、The Soviet areas in the Shaanxi-Gansu border areas and other base areas have carried out in-depth legal system construction in accordance with national laws。The Shaanxi-Gansu border base area is the only complete base area remaining in the country during the late period bet365 code Agrarian Revolutionary War,Provides a foothold for the Party Central Committee and the Red Army。After the Soviet government bet365 code Shaanxi-Gansu Border Region was established in 1934,Refer to the laws and regulations bet365 code Republic,A series of laws and policies have been promulgated and implemented。Modeled after the electoral system bet365 code Republic,The method for selecting representatives bet365 code Shaanxi-Gansu Border Workers, Peasants and Soldiers Congress is to “select representatives according to the proportion bet365 code number of units in the electoral area,And take care of workers、Farmer、Soldier、Women and other aspects,The members bet365 code Soviet government are then democratically elected at the congress”。

 Third,The legal system in the Soviet area has strong authority。On the one hand,The Soviet area’s legal system dares to turn its blade inwards,Make strict regulations on the operation of public power。The Republic has special laws against corruption,Including "On Punishing Corruption and Wasteful Behavior", "On Inspecting Class Dissidents and Corruption-Swaying Passive Elements in Soviet Government Agencies and Local Armed Forces", etc.。Each Soviet base area also has standards for officials’ integrity and self-discipline,For example, the "Declaration and Resolution bet365 code First Congress of Workers, Peasants and Soldiers in Western Fujian", "Order bet365 code Qiongya Soviet Government - Organizing a Financial Expenditure Inspection Committee", "Resolution bet365 code Fujian Provincial Soviet Government on Financial Issues", etc.。The "Border Area Integrity Act" bet365 code Shaanxi-Gansu Border Soviet Area has the strictest regulations in history。

On the other hand,The laws in the Soviet area are strictly enforced,No one shall enjoy privileges。The Soviet area has strong news and public opinion supervision,Newspapers such as "Red China", "Red Flame" and "Assault" have columns to expose the bad styles of cadres, especially corruption。The Workers’ and Peasants’ Procuratorate, a specialized procuratorial agency in the Soviet area, regularly organizes on-site inspections,Investigate and deal with problems promptly。The Prosecution Bureau under the Workers’ and Peasants’ Procuratorate,Accept the accusations made by workers and peasants against government officials,And formed the practice of hanging complaint boxes in populated areas。People’s Commissariat of Justice bet365 code Republic、State Political Security Bureau、Provisional Supreme Court (Supreme Court)、The Judiciary Department (Section) and other judicial organs are not afraid of power,A large number of corrupt elements have been detected one after another。Especially Zuo Xiangyun, director bet365 code "All-Soviet Congress Engineering Office"、Liu Shixiang, Minister of Military Affairs bet365 code Soviet Government in Yudu County、Tang Renda, Chief bet365 code Accounting Section bet365 code Ministry of Finance of Ruijin County Soviet Government、Xie Busheng, Chairman bet365 code Soviet Government of Yeping Village, Ruijin County, etc.,Sentenced to death after public trial for corruption。

 Fourth,The legal system in the Soviet area has distinct characteristics bet365 code times。On the one hand,The Communist Party armed against the Kuomintang reactionaries during the Soviet area,Or launch an uprising or "counter-encirclement and suppression",The construction of military legal system was the top priority at that time。The Soviet area has enacted many special military laws,"One Soviet Union" passed the "Resolution on the Red Army Issue" and the "Resolution on the Preferential Treatment Regulations for the Red Army of Chinese Workers and Peasants",The Central Executive Committee formulated "On War Mobilization and Home Front Work" and "Provisional Organizational Regulations for Military Tribunals", etc.,To relieve the worries bet365 code Red Army soldiers,The Soviet area also specially promulgated the "Regulations on Preferential Treatment bet365 code Red Army and Their Families"。In addition,At General Law、Other special laws also involve military affairs,For example, the "Organic Law bet365 code Central Soviet" refers to the Red Army representatives in the Soviet Congress、Army organization and command、Military People’s Commissar、Provisions have been made on a series of major military issues including the establishment bet365 code Revolutionary Military Commission,The "Marriage Law" provides for the issue of divorce requested by the wives of Red Army soldiers,The "Regulations on Punishing Counterrevolutionaries" contains a large amount of military criminal law content。

On the other hand,The Agrarian Revolution was in full swing during the Soviet area,Let the Agrarian Revolution have laws to follow,We must carry out the agrarian revolution in accordance with the law,Use the legal system to consolidate the achievements bet365 code Agrarian Revolution,It is a distinctive feature of this period。Before the founding bet365 code Republic,The Soviet areas in each base area have formulated many laws and regulations related to land,For example, the "Jinggangshan Land Law", "Rejuvenating the Country Land Law" and "Land Provisional Law" (passed by the National Soviet Regional Congress)、"Soviet Land Law" (promulgated by the Chinese Revolutionary Military Commission)、"Xiajiang County Land Interim Regulations", etc.。After the founding bet365 code Republic,At the national level, there are the "Land Law", "Resolution bet365 code Central Government on Some Issues in the Land Struggle", etc.,Each base area Soviet area has more specific regulations,For example, the Jiangxi Province Soviet formulated the "Regulations on Confiscation and Distribution of Land",The Northeastern Jiangxi Province Soviet enacted the "Land Distribution Law",The Revolutionary Committee of Hunan, Hubei, Sichuan and Guizhou Provinces formulated the "Interim Regulations on the Confiscation and Distribution of Land", etc.。

 “History is the best textbook。”The construction bet365 code legal system in the Soviet area is the bud of our country’s socialist democratic legal system,Their valuable experience is of great value to the construction bet365 code socialist legal system with Chinese characteristics in the new era。The Soviet area period was a revolutionary period,Construction in all fields can still be based on laws、There are rules to follow;The Soviet areas in the base areas are isolated from each other、Far away,Still maintaining the unity bet365 code national legal order;Revolutionary thinking dominates,Still not relaxing the institutional supervision of power;Armed struggle、Agrarian Revolution Era,The legal system still plays an important role。New Era,We should focus more on the economy、Politics、Culture、Society、Comprehensively promote the construction bet365 code rule of law in ecological and other fields,Form a complete legal norm system;We should make legislation in accordance with the law、Unified Referee,Maintain the unity bet365 code legal system;We should face the real question of “power or law” directly,Tightly lock power in the cage bet365 code legal system;More attention should be paid to democracy、Safety、The legal system plays a role in environmental and other aspects,Promote fairness and justice,Continuously meet the people’s needs for a better life。In particular, the Communist Party of China has grown into a century-old party,Leading the people across the country to achieve great achievements in the construction bet365 code rule of law。Facing the future,We should adhere to the party’s leadership on the rule of law,Guided by "Xi Jinping Thought on the Rule of Law", the party's latest theoretical achievement on the rule of law,Comprehensively promote the construction of China under the rule of law。

  (This article is a phased result bet365 code Beijing Social Science Fund Youth Project "Research on the Process and Experience bet365 code Construction of Party Leadership and Regulations in the 100 Years bet365 code Founding bet365 code Party" (19KDC013)

(Author’s unit: Law Teaching and Research Department bet365 code Party School bet365 code Beijing Municipal Committee bet365 code Communist Party of China)

Editor: Zong Yue
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