He Sijing: The founder of the New China democracy and the construction of the rule of law
December 27, 2022 Source: "China Social Sciences" December 27, 2022 Author: Longyi Fei Wang Bofei

He Sijing (1896-1968),Born on December 20, 1896 in Hangzhou City, Zhejiang Province。The first time I went to Japan to study arts and crafts for the first time in 1912。1916 to study in Japan again,Study Law and Philosophy。After entering Tokyo Imperial University,Learning aesthetics、Sociology and German。In 1926, I entered the Institute of Research of the Empire University of Tokyo。During studying in Japan,Through learning and believe in Marxism,and participate in progressive groups。Return to China in February 1927,Professor and Deputy Dean of the School of Law of Sun Yat -sen University。Secret joining the Communist Party of China in May 1932。During Sun Yat -sen University,Concentrate to study Marxist philosophy、Law philosophy and publishing publicity articles; Economics、Philosophy、War learning courses; promote the victory of the Communist Party of China and the Red Army of the Red Army; call on the people across the country to last long -term Anti -Japanese War。Go to Hong Kong in 1936,Actively participated in many tasks of the Anti -Japanese National United Front led by the Communist Party of China。Arrive in Yan'an in February 1938,As a teacher of the Anti -Japanese Military and Political University、Researcher at the Party School of the Central Committee of the Communist Party of China、Leaders of the Policy Research Office of the Central Committee of the Communist Party of China、Researcher at the Compilation Division of the Central Military Commission of the Communist Party of China and director of the Legal Department of Yan'an University、President of the Law School and the person in charge of the Yan'an New Philosophy Association。Translation and teaching a large number of Marx and Engels works。Compiled Clausetz's "War theory",provides support for military bet365 Play online games war theory for Comrade Mao Zedong's "On the Outstanding War"。In 1945, attended the seventh National Congress of the Communist Party of China。August 1945 as a legal adviser to the CCP delegation,accompanied by leaders such as Mao Zedong to go to Chongqing to participate in negotiations of the Communist Party of China。1948 as a member of the Preparatory Committee of the Chinese People's Political Consultative Conference,Assist Comrade Zhou Enlai to draft "Common Program"。After the founding of New China,His Professor of Legal Department of Peking University,Professor of the Department of Law and Philosophy of Renmin University of China、Department Director、Professor of History of Marxism -Leninism Development History,Member of the Central Legal Committee,Dedicated member of the Ministry of Foreign Affairs,Executive Director of the Political and Law Society。Drafting work in the Constitution of the People's Republic of China in 1953。Died in 1968。

He Sijing is our outstanding Marxist theorist、historian、Sociologist、Philosopher、Judges、Educator and translator,Director of the Law Department of Renmin University of China、Director of the Department of Philosophy and Professor of the Institute of Marxism -Leninist Development History。He and Dong Biwu、Xie Jueyu、Li Da and other Marxist jurists,The founder of becoming the construction of the New China democracy and the construction of the rule of law,It has made an indelible contribution to the construction of the New China democracy and the construction of the rule of law。He Sijing pursues the truth throughout his life、Struggle for the party、Struggle for the party、Dedication of the People's。The precious ideological wealth he left to us,Nourishing the builders of the Ninjin Chinese socialist rule of law,Instead of webaking for the great rejuvenation of the Chinese nation and building a socialist modern power.、Endurance。

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December 20, 1896,He Sijing was born in a simple labor people's family in Tangqi Gu Town, Yuhang District, Hangzhou City, Zhejiang Province。Being an apprentice in a bookstore in Shanghai from the age of 13,Then go to the bank to be a diligence worker。1912,He goes to Japan's secondary art craft school to study。After returning to China,I used to be a pattern designer at the Hangzhou Tianzhangsi Factory。1916,He Sijing went to study in Japan for the second time,Enter the preparatory class of the No. 1 Institute in Tokyo,After transferring to Sendai Second High School,Study Law and Philosophy。1920,Due to excellent academic performance,Get the Chinese government bet365 Play online games official Fisheng Qualification,Entering Tokyo Imperial University,Learning aesthetics、Sociology and German。1926,He entered the Research Institute of Tokyo Imperial University for study as a trainee。During studying in Japan,He Sijing's abandoned sleep、Expo Group Book,I read a lot of Marx and Engels' works,I accepted Marxism in ideology and theory,and participated in the Creation Agency in 1923,I also wrote and published an article that "He Fei" wrote and published the idea of ​​propaganda progress,received praise。

He Sijing returned to China in February 1927,Accept the hire of the Guangdong Revolutionary Government,Accept the hire of the Guangdong Revolutionary Government,and also served as Deputy Dean of the School of Law。On the school's forum,He dares to expose the crime of Chiang Kai -shek and the Kuomintang right to launch a counter -revolutionary coup,Actively publicize the "United Russia advocated by Mr. Sun Yat -sen、United Communist Party、Assisting Agricultural Workers "thought,Education students recognize the direction of progress,Learn and struggle for the revival of the Chinese nation。1931 Japanese invaders launched the September 18th Incident,Stir up the people of the whole Chinese people。He Sijing devoted himself to the front line of the anti -Japanese salvation,Organizing the cultural community in Shanghai to resist the mass movement of Japan's invasion of China,Responsible for publicity work。In 1932, he was called by the Chinese Social Scientist Alliance,Actively support Shanghai's anti -Japanese military and civilians of the Shanghai -Shanghai Anti -Japanese War,Not only donations and donations,And published many times,Deeply exposed Japan's invasion of China,Opposition to Chiang Kai -shek's non -resistance policy,Call for the people across the country to unite、Fun Yong Anti -Japanese War。

He Sijing secretly joined the Communist Party of China in May 1932。Under the leadership of the party organization,He risky to engage in revolutionary activities,Policion of the Communist Party of China,Education and guide a large number of young students to participate in the Anti -Japanese Salvation Movement。During teaching at Sun Yat -sen University,He Sijing is mainly engaged in the following important tasks: first,Concentrate to study Marxist philosophy、French philosophy and publishing publicity articles; second,Economics、Philosophy、War Learning Course,Teach students "Capital", "Hegel Philosophy and Dialectics", "Historical Materialism", "War theory", etc.,Promote the victory of the Communist Party of China and the Red Army; fourth,Publicize the situation of the Anti -Japanese War by hosting academic lectures,Call for the people across the country for a long time; fifth,Jointly released the "Against China -Japan Good Well,Strongly criticize the "Sino -Japanese Kindness Theory" advocated by Chiang Kai -shek and Wang Jingwei; sixth,In response to the "August 1st Declaration" published by the Communist Party of China,Published "The Preface to the Tragedy Epic -Call of the Anti -Japanese War" in the "New Universe" magazine,Encourage the people of the whole country insist on the Anti -Japanese War。To avoid the persecution of the Kuomintang reactionary authorities,He Sijing went to Hong Kong in 1936。During Hong Kong,He actively participated in the many tasks of the Anti -Japanese National United Front led by the Communist Party of China。

  Lay the theoretical foundation for the construction of democracy and rule of law 

February 1938,He Sijing has gone through hardships,Arrival Yan'an。Comrade Mao Zedong personally hosted a conference that welcomes He Sijing under the Park Mountain,and highly praise him "a sense of justice、Courage、There is knowledge ",It is "National First Legal Expert"。He Sijing served as a teacher of the Anti -Japanese Military and Political University、Researcher at the Party School of the Central Committee of the Communist Party of China、Leaders of the Policy Research Office of the Central Committee of the Communist Party of China、Researcher at the Compilation Division of the Central Military Commission of the Communist Party of China and director of the Legal Department of Yan'an University、President of the Law School and the person in charge of the Yan'an New Philosophy Association。To promote Marxist theory,He Sijing translated a large number of Marx and Engels works,Such as "Critical Criticism", "Poverty of Philosophy", "Marx Economics -Manuscript of Philosophy", "On Comprehensive Technical Education", "National Economic Critical Outline",and teach the original philosophy in Yan'an,Make an important contribution to the spread of Marxism in China。At the same time,He Sijing also translated the works such as "Legal Criticism" and "Big Logic" by German philosopher Hegel。commissioned by Comrade Mao Zedong,He also compiled the "War theory" of German military theorist Clausetz,Provided support for military bet365 Play online games war theory for Comrade Mao Zedong's Comrade Mao Zedong。

August 1943,He Sijing's "Fate of China" by Chiang Kai -shek,published "The Legal Concept of Chiang Kai -shek" in the Liberation Daily。He in this article from the concept of law、"Law", "Power", "Law" relationship、Classivity of the law,Refucaries from the legal view of the reactionary authorities of Chiang Kai -shek and the Kuomintang,Proposed a new democratic country with the people's view of the people as the core。He pointed out: "The law is definitely not a big landlord、Private products of the big bourgeoisie,The people should also have law。The people have the law,So,The government cannot use a official if the government does not agree to the people、A policeman、A head of A; the people have the law,The government must not create a system in private,Create a law。"(August 10, 1943" Liberation Daily)

1941-1946,He Sijing continuously serves as the second in Shaanxi -Gansu -Ningxian District、Senator of the Third Senate,He also served as executive member of the "People's Representative Preparatory Committee of the Chinese Liberation Zone"。1945,He Sijing attended the seventh National Congress of the Communist Party of China。As a legal expert,In order to better implement the system of the People's Congress of the Liberated Area,He and members of the Senate of the Shaanxi -Gansu -Ningxian District jointly proposed a series of proposals to formulate and implement the physical law and procedure method,Obtained by the Government of Shaanxi -Gansu -Ningbian District。August 1945,After the victory of the Anti -Japanese War,He Sijing serves as the only legal consultant of the CCP delegation,Follow Mao Zedong、Zhou Enlai、Wang Ruofei and other leading comrades went to Chongqing to participate in negotiations of the Communist Party of China。During this period,He Sijing published a criticism of criticism and exposing the Kuomintang authorities to restrict the freedom of people's speech。November 1945,According to the decision of the Party Central Committee,Established the "Constitution Research Association" led by Xie Jueyu,He Sijing, then member of the Central Legal Committee, is one of the seven drafters of the "Draft Constitution of the Autonomous Constitution in Shaanxi -Gansu -Ningxin Border Area"。early 1947,He participated in the land reform campaign carried out by the Liberated Area of ​​Shanxi。1948,As a member of the Preparatory Committee of the Chinese People's Political Consultative Conference,Assist Comrade Zhou Enlai to draft "Common Program"。

  Participate in the drafting "Common Program" 

September 29, 1949,The first plenary session of the Chinese People's Political Consultative Conference officially adopted the first part of Chinese history to represent the interests of the people、"Common Program of the Chinese People's Political Consultative Conference" with a temporary constitution。Under the direct leadership of Mao Zedong and Zhou Enlai,He Sijing devoted himself to the drafting work of this epoch -making constitutional document,The legislative thoughts and legislative suggestions he put forward,All get it。It can be said,He Sijing's formulation of the "Common Program of the Chinese People's Political Consultative Conference",Must be indispensable。The legislative thoughts and suggestions he put forward include the following aspects。

Persist in the fundamental legislative ideas of New China democracy and rule of law with the people as the core。He Sijing is in the drafting work of the "Common Program",Fixed implementation of unswervingly implementing Comrade Mao Zedong's New China is a brand new country that the Chinese people are the masters,The people are the masters of the country。"Common Program" uses legal language clearly: the establishment of New China,Empires have been used、Feudal and bureaucratic capitalism is announced in the era of rule of China,The Chinese people have changed from the oppressed position to the master of the new society and the new country,Republican country with the people's democratic dictatorship replaced the Kuomintang reactionary rule of the Kuomintang's dictatorship。Chinese people's democratic dictatorship is the working class、The peasant class、petty bourgeoisie、The regime of the national bourgeoisie and other patriotic democratic elements,Based on the Federation of Industry and Peasants,Leading with the working class。from the Communist Party of China、People's PLA、People's groups、All regions、People's PLA、Ethnic minorities、The Chinese People's Political Consultative Meeting of Overseas Chinese and other patriotic democrats,is the organizational form of the People's Democratic United Front。Chinese People's Political Consultative Conference on behalf of the people of the country,bet365 live casino games announced the establishment of the People's Republic of China,Organize the people's own central government。

Comprehensively confirm and guarantee the basic human rights of the people。He Sijing has long witnessed the tramples of the Chinese people suffering from imperialism and the oppression of the Kuomintang's reactionary regime,Have an unforgettable cognition to ensure the basic human rights of the people。In the process of participating in the drafting of the "Common Program",It is clearly proposed to comprehensively confirm and guarantee the basic human rights of the people,It has been adopted for its claims。"Common Program" Chapter 1 "General Outline" clearly stipulates the basic human rights enjoyed by the people。

Clearly specify the country and government of New China。State and politics represent the nature and fundamental political system of a country。He Sijing is in the practice of long -term revolutionary rule of law,Correctly publicize the Chinese doctrine of Comrade Mao Zedong and the Communist Party of China,In the process of drafting the "Common Program", it is recommended to make a clear system design and legal expression of the country and government of New China。

Consolidate and develop people's democratic united front。He Sijing firmly supports Comrade Mao Zedong's judgment,is the united front、The armed struggle and the mass line are the three magic weapons that the Chinese people lead the Chinese people to achieve the victory of the Chinese people。He insisted on advocating,After the founding of New China,The united front should be consolidated and developed。"Common Program" clearly stipulates that the Chinese People's Political Consultative Conference is the organizational form of the people's democratic united front。Its organizational ingredients,It should contain the working class、The peasant class、Revolutionary soldiers、Intellectuals、petty bourgeoisie、National bourgeoisie、Ethical ethnic group、Representatives of foreign overseas Chinese and other patriotic democrats。

Democratic concentration is an important political system that government agencies at all levels of New China should follow。Regarding the operating rules of the New China government agency,He Sijing highly agrees with Chairman Mao Zedong and the Communist Party of China,Instead of implementing democratic centralized system。"Common Program" clearly stipulates that all government agencies at all levels implement democratic centralized system。The main principles of the system are: the People's Congress is responsible for and reporting to the people; the people's government committee is responsible for and reporting to the people's congress;,A few systems that obey the majority; the people's governments of all lower -level people's governments will be added and obeyed by the people's government at the higher level; the local people's governments across the country obey the Central People's Government;,The nature of various transactions should,It is stipulated by the Central People's Government Committee by law,Make it both conducive to national unity,It is also conducive to adapting to local conditions。

Waste New,Establish a legal system for New China。Ho Sijing's proposal,New China as a new country of democratic dictatorship,The legal system that must use the people's will and the fundamental interests of the people must be used to ensure the political proposition of the people's Republic of China that truly realize the political propositions that the Communist Party of China adheres to the people,Effectively protect the legitimate rights and interests of the people。"Common Program" clearly stipulates that the law of abolition of the Kuomintang reactionary government's laws that oppress the people、Act and judicial system,Formation of laws to protect the people、Act,Establish a people's judicial system。

Establish and improve the people's supervision mechanism。He Sijing believes,The power without supervision will lead to corruption and the opposite side of the people。So,He proposed in a number of legislative suggestions that it should implement the consistent proposition of Comrade Mao Zedong and the Communist Party of China,New China must establish and improve the people's supervision mechanism。"Common Program" clearly stipulates that all state organs,Must do well、Simple、Revolutionary work style serving the people,Severe punishment for corruption,Forbidden waste,The bureaucracy style that opposes the people who leave the people; in the people's governments at all levels above the county and cities,Set the people's supervision organs,To supervise whether national organs and various civil servants perform bet365 best casino games their duties at all levels,Correction of organs and personnel of the illegal and negligible duties; people and people's groups have the right to accuse the people's supervision organs or people's judicial organs accusing any state organs and any civil servants' miscarriage。

Establish and improve the New China military system under the unity of the Communist Party of China。He Sijing agrees with the glorious assertion of "without the people without the people without the people" proposed by Chairman Mao Zedong,In the process of participating in the drafting "Common Program",He also puts forward specific suggestions and obtained adoption for the military system of the Communist Party of China。The "Common Program" is clearly stipulated that the establishment of a unified army for the establishment of a country,That is the People's Liberation Army and the People's Public Security Forces,Agreement of the People's Revolutionary Military Commission of the Central People's Government,Implement a unified command、Unified system、Unified preparation、Unified discipline; the People's Liberation Army and the People's Public Security Forces are based on officers and soldiers、The principle of consistent military and civilians,Establish a political work system,With the spirit of revolution、​​The commander and combatant of the Patriotic Education Force。

Starting from actual,​​Economic construction system that is compatible with the level of productivity development in the early days of the founding of New China。He Sijing believes,One of the basic principles of Marxist philosophy is that production relations must adapt to the development level of productivity,The upper -level building of the country must be compatible with the economic foundation。At the beginning of the founding of the New China, hundreds of wastes are waiting for,How to restore war creative wounds、Holding the development of the economy has become an important task in front of people's governments at all levels。He Sijing is in the process of drafting the "Common Program",Puware experience in the use of rich political economy theory and the economic development of the people's liberation zone,A series of claims for the economic construction of New China,and use legal language to express it as the requirements of the legal system。

Implementing New China's cultural and educational policy。He Sijing believes,Nations、Scientific、Volkswagen's cultural education,The construction of New China is particularly important,Is the basic system construction。He suggests,"Common Program" must use the form of a legal system to confirm and ensure the implementation of the cultural and educational policies of New China。"Common Program" clearly stipulates that the national cultural education is the new democraticism,That is the nation's、Scientific、Volkswagen's cultural education; advocate the historical perspective of science,Research and Explanation History、Economy、Politics、Culture and International Affairs。

Ethnic policy of new democraticism。He Sijing proposed,New China must implement ethnic policies that are equal to all nations,Equality of all ethnic groups is the prerequisite and foundation of national unity,It is also the fundamental guarantee for the unity of the country。"Common Program" clearly stipulates that all nations in China are equal,Perform unity and mutual assistance,Opposition to imperialism and people's public enemies within all ethnic groups,Make the People's Republic of China the big family of friendship and cooperation with all nations。

Implementation of the independence of New China、Peaceful and friendly foreign policy。He Sijing proposed,The foreign policy of New China shall implement the independence and autonomy that the Communist Party of China has always adhered to、Peace Friendship、Mutual respect for peaceful and equal foreign policy。"Common Program" clearly stipulates that the principle of foreign policy of the People's Republic of China,To ensure the independence of the country、Full of freedom and territorial sovereignty,Supporting international lasting peace with friendly cooperation between the peoples of all countries,Anti -imperialism aggression policy and war policy。

  Contribute wisdom to the construction of socialist rule of law 

The Constitution is the fundamental Dafa of the country。Decision to convene the first National People's Congress and formulate the Constitution of the People's Republic of China in accordance with the "Constitution of the People's Republic of China" determined by the Central Committee of the Communist Party of China,Established a group drafting group for the first draft draft draft draft of the Constitution of the People's Republic bet365 Play online games of China。Comrade Mao Zedong personally led the work drafted by the draft constitution。He Sijing is a member of the drafting group of the first draft draft of the Constitution of the People's Republic of China,Participated in the drafting work of the first constitution of New China。During the drafting process of participating in the draft of the draft constitution,Not only the actual needs of the democratic and rule of law construction of New China, but also put forward legislative suggestions with the basic elements of the socialist constitution,And also proposed to summarize the useful experience of the history of the development of world constitutional government,Appropriate refer to other countries to meet the requirements of modern rule of law、Legislative results to protect the legitimate rights and interests of the people,To ensure the advanced nature and people's nature of the Constitution of the People's Republic of China。He Sijing's legislative suggestions have been unanimously agreed and adopted by the drafting group of the draft draft of the draft constitution.。

The first draft constitution of New China has been soliciting opinions from all channels,Get positive response from all walks of society,It reflects the principles of democratic and scientific legislation that New China follows the legislative work under the leadership of the Communist Party of China。September 20, 1954,The first meeting of the first National People's Congress passed the Constitution of the People's Republic of China。

The first constitution of New China passed and promulgated,He Sijing actively leads the teachers and students of the Law Department of Renmin University of China to participate in the publicity of this constitution、Learning and popular activities,Make the content of this constitution deeper into the hearts of people,It has really played the fundamental Dafa role of the New China governing the country。For this,He also published a special article,Introduce and explain the legislative purpose of the first constitution of New China、Legislative content、Legislative characteristics and guarantee measures implemented by the Constitution。The Law Department of Renmin University of China established the Constitution Teaching and Research Office under the leadership of He Sijing,Specializing in the research and teaching and talent training of constitutional law,Special contributions to the construction of the democracy and rule of law in New China and the construction of constitutional rule of law under the leadership of the Communist Party of China,Affiliate by the Party Central Committee and the country。

 Cultivation of socialist rule of law construction talents 

He Sijing proposed,New China ’s democracy and rule of law construction requires the correct guidance of Marxist law theory,It is also necessary to train tens of millions of special talents for the construction of the rule of law。For this,His physical line,During the working period of hosting the Law Department of Renmin University of China,The following work is created。

He Sijing has been focusing on studying Marxist law theory for a long time,Erspeed blood,Faithful Focus。1955,Hubei People's Publishing House published his monograph "Marx's State and Legal Theory",The system explains the country and legal thought of Marxism,Become a guiding work of propaganda and popularization of Marxist countries and legal theory。At that time,Domestic legal institutions all listed He Sijing's monograph as an important legal literature for legal teachers and students。

He Sijing attaches great importance to the construction of the discipline of New China。He takes the lead in the Legal Department of Renmin University of China to build a relatively complete legal discipline system,To this end, he set up a legal teaching and research office in the Law Department、Constitution Teaching and Research Office、Teaching and Research Office of Criminal Law、Teaching and Research Office of Civil Law。For teaching and scientific research needs,He also hosted the establishment of the legal data room。System model of legal discipline construction of the Department of Law of Renmin University of China,Disciplined the construction of legal disciplines in major legal institutions at that time at that time。

He Sijing attaches great importance to the construction of the law system of New China。Under his leadership,The Law Department of Renmin University of China takes the lead in organizing special forces in China,According to the needs of the construction of law disciplines, the writing work of legal textbooks of New China higher schools,I have written constitutional studies such as "National and Law"、Criminal Law、Civil Law、Litigation Law、International Law、Investigation Law and other professional textbooks,It plays a demonstration role in the construction of legal teaching materials bet365 best casino games in political and legal colleges in China。

He Sijing pays great attention to the construction of the teachers of new Chinese law colleges and universities。On the one hand,He highly respects and gives full play to the role of legal experts who admit to Renmin University of China; on the other hand,,He is the heavy responsibility of Renmin University of China that should shoulder the legal teacher of cultivating New China,Method of holding graduate students and teachers for training class,Cultivated a large number of legal teachers,The role of the Law Department of Renmin University of China in the construction of the Chinese Law Teachers Teacher's Team。

He Sijing thinks,Law practice plays an important role in legal research and legal talent training。During his time as the director of the Law Department of Renmin University of China,Plan the construction of legal practice base,Actively contact the relevant party and government agencies and judicial organs of the country and local,Establish a legal practice base,Provide necessary support and help for the legal practice activities of the teachers and students of Renmin University of China,Provides high -quality social resources for the rule of law construction talents combined with the theory and practice,Let teachers and students understand and understand the actual situation of Chinese socialist revolution and socialist construction in social practice,Direction direction、Growth、Promoting the rule of law、Serving the people、Reporting the country。

other,He Sijing attaches great importance to international exchange of law。He used the identity of the special member of the Ministry of Foreign Affairs,Actively promote the exchange of Chinese legal circles and other friendly national legal circles,Disposal beneficial experience for the cause of the rule of law in New China。

 (Author Unit: School of Law of Renmin University of China) 

Editor in charge: Zhang Jing
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