| The Fourth Plenary Session of the 18th Communist Party of China Central Committee sets "establishing a society rule of law system with Chinese characteristics and building China as a socialist country under the rule of law" as the overall goal of promoting the rule of law. At the same time, the concept of "The law is observed by all" has been put forward for the first time, which is a higher requirement for cultivating and promoting the legal culture of the characteristic socialism. Vigorously promoting the socialist democracy and comprehensively advancing the rule of law in present China, combing theory and practice as well as summarizing experiences and lessons of the new democratic legal culture’s construction in Yan’an period ought to generate lots of benefits for promoting the construction of ruling by law in China.During the period of Yan’an, one of the core contents of the Chinese Communist Party’s ruling practice and exploration in some areas is to cultivate and promote the new democratic legal culture’s construction. Taking it as a core, this paper firstly starting from the era background of "the anti-Japanese national salvation to win the new democratic revolution", based on the social reality of the border region, clarify the important significance of the new democratic legal culture construction. Then combing the theory origin of the Chinese Communist Party’s legal culture construction in Yan’an Period, explain that the legal view of Marx, modern western legal thoughts, the experience of Soviet Union and the Soviet Communist China legal system construction, Chinese traditional law culture together with the Kuomintang government’s laws and regulations, constitute the theoretical origin of legal culture of new democracy to a certain extent.In accordance with the usual understanding of the legal culture extension, the paper will deconstruct the construction of legal culture in Yan’an Period as the construction of the" recessive legal culture" and "dominant legal culture". The former mainly refers to the formation of legal thought and legal consciousness which could guide and lead the dominant system construction, while the latter mainly refers to the explicit construction of legal system and organization in Yan’an Period. The recessive legal culture construction is demonstrated by selecting legal thought and legal consciousness from the body of the legal culture construction who are representative leaders, legal workers and people in the region, while the dominant one is reflected by the dynamic development of the border area judicial institutions judicial system and all kinds of laws and regulations.On the basis of generalizing the connotation of the recessive and dominant legal culture construction contents in Yan’an Period, the paper defines the nature of the new democratic legal culture, clarifies four typical characteristics of the new democratic legal culture, like class nature, demotic character, openness and progressiveness. And then through the summary, this paper further analyses and demonstrate the three new democratic legal culture construction paths which are the "Party’s self-building", "professional team training and reserve" and the "Chinese way". Researching on history is to know why and understand the ancient, help the contemporary based on mastering the law of social development. Therefore, the last part of the paper draws close to the history and reality, combined with the needs of building China as a socialist country under the rule of law and discusses the historical value and present inspiration of the construction of legal culture of Communist Party of China in Yan’an Period.Vigorously promoting the socialist democracy and comprehensively advancing the rule of law in present China, combing theory and practice as well as summarizing experiences and lessons of the new democratic legal culture’s construction in Yan’an period has an extremely important guidance and reference significance for us to promote the construction of ruling by law in China. |
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