The 20th National Congress of the Party pointed out: "Promoting the spirit of socialist rule of law,Inherit the excellent traditional legal culture of China。"This requires us to be in the study of modern legal history,It must be more highlighting the absolute leadership of the Communist Party of China for my country's political and legal undertakings,To present this hard and brilliant history。
bet365 best casino games
The term "law and government" relative to "political and legal" has emerged in modern Japan。Since the end of the Qing Dynasty,Many people who have insiders went to study at the Falunization of Law and Government of Japanese Law and Government,As Kong Zhaozhang、Zhu Zhixin、Tang Hualong, etc.。At the same time,China's domestic legal education undertakings have also sprung up like rain。For example, 1906,Shandong Governor Yang Shizhen、Promoting Lanjia Preparation Create Shandong Law and Politics School。In the same year,Yuan Shikai, who is engaged in the New Deal, realized that it is necessary to implement constitutional,It is necessary,Therefore, set up Beiyang Law Political School in Tianjin,is one of the first new official new legal schools in modern times。It is worth mentioning,Li Dazhao, a pioneer of the Communist Party of China, once studied here,He is based on the school as the starting point to study the policy、Explore the truth、Towards the revolution。It can be said,The term "law and government" reflects the great change of the times in the late Qing Dynasty in the late Qing Dynasty,It once impacted China's old tradition with the appearance and posture of new things。
but,As far as the modern political and legal history of China,Its narrative mode is by no means a single line,but poly -maternal,It is impossible for the "history of law and politics" to block。Before 1916,Li Dazhao has also become interested in the British and American legal system,bet365 Play online games But after hearing the sound of the October Revolution,That is to fully realize the essence of class exploitation behind the bourgeois legal system。The essence of the so -called "history of law and government" is the history of political and legal reforms of bourgeois leaders,It is trying to lead politics with law or make law superiority in politics。This is seriously derailed with China's modern history and practice,No authenticity and feasibility,Can be described as a historical empty talk。
The 1920s and 1930s,The Kuomintang seems to be neutrally exercising the country's right to rule,The Civil Code of the Civil Code、Implementing measures such as training and local autonomy to establish "legal system",Reality of the name of the rule of training,Implement class exploitation and class oppression。The early leader of the Communist Party of China Qu Qiubai made a sharp comparison with the legal system of the Soviet area with the white district,"Soviet Movement,It is to hand over the national regime to the work of workers, peasants and soldiers,Get up from the urban area and villages,from local workers、Farmers、Red Army、Other people who do not exploit others,Regardless of men and women,A absolute equal participation in the election,The elected representative meeting is the local government,These urban areas、Village、City、Soviet at all levels of the province,Select the representative to come,Congratulations to the Soviet Congress of China,is the highest sovereign organ in the country,His Central Executive Committee is the central government。... Re -assign land on average,confiscation of all companies from foreign capitalists,Performing factory laws that truly protect workers、Labor Law -Eight -hour work system, etc. ",This deeply exposes the hypocrisy of the Kuomintang's so -called human rights and "legal systems"。
The rich connotation of the history of political and legal
Look from ancient books,The term "political and legal" comes from the famous sentence of "Han Ji · Hui Emperor" in the Eastern Han Dynasty, "Bet365 app download ,Then rope with politics and law ",Historic source deep。Ancient my country True Rites and Laws,Li is a social specification,It is both a law,It is also a symbol of politics。Ritual and Law combined,It is a height summary of the organic combination of ancient politics and law,From this to the birth of Fa'an World、Fa -Law Powerful Power、Fushun people's heart、A series of advanced political and legal concepts such as the law。
Although the contemporary political and legal traditions of our country are by ancient ritual and law philosophy、The scope of political and punishment evolved,But after the baptism of the modern revolutionary practice,A profound and vivid Marxist brand。The reason why "politics" and "law" are referred to,It is because in the early political proposition of the Communist Party of China,"The Governance of Law" is not in the subject of the subject,The law cannot get rid of political constraints and influence。But politics、Law、Ideology and other elements belong to important contents of upper -level buildings,The party’s early leaders did not ignore the important role of the law。In the context of the modern revolutionary war in China,Law often exists as a dictatorship for political service。Chinese history and the people chose the Communist Party of China,At the same time, it also given the party to use laws as a revolutionary tool。The Communist Party of China is a revolutionary party with Marxism as the guidance,Marxism is deeply integrated into my country's political and legal traditions。Under the guidance of Marxism,The Communists have a new interpretation of "political and legal",If Xiao Chu daughter in 1926, Xiao Chu pointed out the word "political and legal" and its nature: "Below the Moderator System (Democrais),Humans are divided into two major classes -capitalists and workers。All political and law、Religious、Art、Science、Ethics Theory、Moral Standards,All monopolized by the bourgeoisie -government、Congress、court、Police、Naval Army、School、Church、News paper,All tools they bet365 best casino games use to suppress workers and all oppressed people。"If the characteristics of politics are to lead the law with the law,Then the characteristics of political and legal are based,The term "political and legal" clearly reflects the party's purpose。As an important part of China's modern political and legal history,The party’s early leaders' political and legal theory is not simply a legal issue,Instead of investigating legal issues in social issues,closely related to its political claims,Have the time、People、theoretical、Practical、Six major features including inheritance and creativity。Climbing these political and legal theories can be found,The party’s early leaders based on our traditional and national conditions,It is mainly the country、Society and individual,Rights and obligations,Many relationships with foreign countries and foreign countries,Research and interpretation of political and legal research,Leave valuable ideological and theoretical resources,It constitutes an important content of the history of modern political and legal in China。
The development of the history of modern political and legal history of the Communist Party of China,It can be roughly divided into five stages in the historical interval。The first stage is when the Revolution of 1911 to the founding of the Communist Party of China (1911-1921),The second stage is the period of the party's establishment to the National Revolution (1921-1927)。Two paragraphs together to see,Some members of the early leaders have experienced or participated in the 1911 Revolution、New Culture Movement、major historical events such as the National Revolution,Leave it to the latecomers a lot of what I see in the field of political and legal、I know and feel。Early early establishment,The Party passes through the work、Farmers、Women's Movement and the first collaboration with the Kuomintang to carry out political propaganda,There have been many innovations in terms of political and legal ideas and systems。The third stage is the period of the land revolution bet365 Play online games war (1927-1937)。At the Ruijin Central Revolution Base,Comrade Mao Zedong served as chairman of the temporary central government of the Chinese Soviet Republic,Starting from November 1931,More than 120 legal laws and regulations,Forms a relatively complete judicial organization system,The political and legal relationship at this time is to adapt to the needs of the revolutionary war from the positioning of judicial function。The "Outline of the Constitution of the Chinese Soviet Republic" is the prototype of the People's Constitution,The principle of its establishment is being inherited by the "Political Program of Shaanxi -Gansu -Ningbian District", "Constitutional Principles of Shaanxi -Gansu -Ningbian District", "Common Program of the Chinese People's Political Consultative Conference" and the "May Fourth Constitution" in New China。In the white horror area,Qu Qiubai、The argument between Cai Hesen and others and the Kuomintang also reflects the political and legal ideas of early leaders。The fourth and fifth stages are the periods of the Government of Shaanxi -Gansu -Ningxin (1937-1946) and the war of liberation (1946-1949)。During this period,The people's regime under the leadership of the party not only formulated a group of legal laws,also created the "Mazh Wu Trial Method" that used the mass line and fine tradition to the trial work,Its characteristics can be summarized as: "Local trial,Eclectic form,In -depth investigation research,Contact the masses,Solve the problem "。It implemented the principle of equality in front of the law in the specific practice of the "Huang Kegong Murder Case" that occurred in 1937,strong maintenance of the legal system of the border area,Vividly show the party's rule of law。
Just as Comrade Xi Zhongxun pointed out,"Our judicial policy is coordinated with political tasks,Is to unite the people,Education People's,Protect the legitimate rights and interests of the people "。In the revolutionary struggle,The relationship between the relationship between the party's law and power gradually forms,bet365 live casino games It established the party's leadership,The support of the people is the source of legitimacy,Legislation and justice must serve or obey the goals of the party's explore by the party for the country,Pay particular attention to judicial mediation,Strengthen judicial governance function,Caused by the masses、Persist in taking the mass line,It is its good social effect、The essential cause of the satisfaction and support of the masses。Political and French Thought under the leadership of the party、System and work and other causes,The common content of the history of modern and contemporary political and legal,and the people are the narrative subject of political and legal history。
Persist in the main position of the study of law history
The category and theory of modern political and legal is the leading people of the Communist Party of China to create a new regime、Gradually created in the process of new legal system,Study on the history of modern political and legal in China should adhere to the point of view of historical materialism。Political Acts is one of the important magic weapons of the success of the Chinese New Democratic Revolution,Reflects the inevitable laws of historical evolution and social development。From "History of Law and Government" to "History of Political and Law",Not simply adjusts the order of the order,Behind it is the problem of the right to speak in history,We must adhere to and emphasize the absolute leadership of the Communist Party of China for political and legal undertakings。Although "legal governance" is an important clue in the study of modern legal history in China,But the so -called history of law and government should not cover the light of political and legal history under the leadership of the party。On the one hand,Need to highlight the political and legal paradigm,Guarantee "politics" is first,Reflected people's attributes and the party's original mission; on the other hand,"Law Government" can be used as the reference department of academic research,Prevent the profound impact of "politics" on "law" in one way,Ignoring the "law" rules and training functions of "politics",To highlight the leadership bet365 best casino games of the party's leadership in the revolution、Regular、Professional exploration process。
In the process of glory struggle from the party from the establishment of the party to the establishment of the New China,Political and law is actually a viewing perspective。Based on Marxist position,The history of political and legal theory led by the Communist Party of China should be vigorously studied,To explore the source of rule of law and thinking of the Communist Party of China,This is also fully studying the "four history" with firm ideals and beliefs、Requirements for enhancing historical consciousness。
(The author is a researcher at the Researcher Research Center of Shandong University Study on the Rule of Law)
Friendship link:
Website filing number: Jinggong.com Anxian 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission
General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026
>