| Marx’s people’s sovereignty theory is an important theoretical source of Xi Jinping’s rule of law thought,the new development concept of "people centered" of the Communist Party of China,the ruling concept of "ensuring the people’s dominant position" and the people’s ownership of the country.Xi Jinping’s rule of law thought and the development concept of "people centered" are the newest theoretical achievements of the sinicization of Marx’s people’s sovereignty theory,which builds a socialist country under the rule of law for the whole party and the whole people,and points out the direction and provides a strong theoretical support for China’s judicial system to carry out specific work.Insisting to the principle of taking the people as the center,safeguarding the people’s dominant position,safeguarding the basic rights of citizens,and promoting the integrated construction of a rule of law country,a rule of law government,and a rule of law society are the fundamental principles of China’s rule of law construction.The reform,improvement and innovative development of China’s procuratorial system in the new era should not only resolutely implement the Xi Jinping’s rule of law and the new development concept of "people centered",but also go back to the origin and do the thorough search,absorb nutrition from the Marxist theory of people’s sovereignty,and rely on the will and strength of the people to restrict and supervise the procuratorial power,so as to ensure that the operation of procuratorial power is always aimed at safeguarding the interests of the people and achieving social fairness and justice.This paper starts from the discussion of the Marx’s theory of people’s sovereignty,and takes the historical background,main contents,basic characteristics of the Marx’s theory of people’s sovereignty and its application in the construction of China’s procuratorial system as the main line,and makes a deep thinking and research on the construction of China’s procuratorial system in the new era.(1)The Background,Source and Formation Process of the Marx’s theory of people’s sovereignty.The Marx’s theory of people’s sovereignty is the result of the times.It emerged in the middle of the 19 th century for both historical and practical reasons,both objective and subjective reasons.Objectively,at that time,the capitalist system in western countries had been widely developed.The bourgeoisie,through its possession of the means of production,oppressed and exploited the working class brutally.In particular,in order to obtain higher surplus value,the capitalists used technology and machinery to achieve their rule over people,exploited the working class by any means,and put the broad working class in a very tragic situation,It has led to a serious problem of "labor alienation",and triggered a succession of labor movements.During this period,the Charter Movement of Britain,International Workingmen’s Association and the armed struggle of the workers in Paris all provided a realistic basis for the formation of the Marx’s theory of people’s sovereignty.Subjectively,Marx has the deepest sympathy for the vast number of working people and the great ideal of enabling the vast number of working people to achieve a happy life,guiding him to constantly pursue the elimination of the capitalist system of bourgeois monopoly of state power,the establishment of a socialist system in which the people are masters and the ideal of a communist society.The constant maturity and development of his communist ideology and theory have become an important support for the Marx’s theory of people’s sovereignty.The Marx’s theory of people’s sovereignty is the result of criticizing and inheriting the previous sovereignty thoughts.In terms of inheritance and development,the view of Marx’s people’s sovereignty theory that "state power comes from the people and belongs to the people" can be found in the thoughts of Rousseau,Kant and others.The great significance of people’s revolutionary thought is also a criticism and development of Rousseau’s people’s sovereignty thought.In addition,the utopian socialist thought of Saint Simon,Fourier,Owen and others also provided an important basis for the emergence of the Marx’s theory of people’s sovereignty.In terms of criticism and negation,the Marx’s theory of people’s sovereignty has comprehensively and deeply analyzed and criticized the historical idealism of Rousseau,Kant and others,the one sidedness of safeguarding the interests of the bourgeoisie,Hegel’s theory of state sovereignty and hierarchical system,and the idea of utopian socialists’ moderate improvement.In the criticism and inheritance of the former thoughts,the Marx’s theory of people’s sovereignty gradually formed and developed.The Marx’s theory of people’s sovereignty has gone through the process of generation,formation and development.Marx’s understanding of people’s sovereignty went from advocating freedom of speech at first,to advocating people’s rights and putting forward the issue of "alienation" of people,to advocating that the proletariat should seize state power through violent revolution,forming a systematic historical materialism view,proletarian dictatorship thinking and proletarian regime organization form,the whole process of the development of the Marx’s theory of people’s sovereignty has gone through three stages:germination,formation and improvement.(2)The content and characteristics of the Marx’s theory of people’s sovereignty.First of all,starting from the dominant position of the people,this paper analyzes the essence that the people enjoy the right to vote,recall,supervise and state sovereignty,which originates from the people and belongs to the people,and expounds that the people realize people’s sovereignty through proletarian revolution,overthrowing bourgeois regime and establishing proletarian regime,However,the organizational form of the proletarian regime is a democratic republic based on the proletarian representative system,which is the integration of the legislature and the executive.Secondly,it expounds the basic characteristics of the Marx’s theory of people’s sovereignty.Marx believed that the realization of people’s sovereignty requires the establishment of a proletarian led state power through proletarian revolution,and ultimately the liberation of all the people.Therefore,state power embodies the unity of class nature and people nature;The emergence of the Marx’s theory of people’s sovereignty not only inherited the previous ideas on people’s sovereignty,but also developed the theory of people’s sovereignty through the critical inheritance of these ideas,which is reflected in the unity of criticism and inheritance;The proposition of the Marx’s theory of people’s sovereignty is based on the logic of historical development,but what it faces is the social reality and the realistic requirements of the proletariat and the working people,which embodies the unity of historicity and reality.Thirdly,the Marx’s theory of people’s sovereignty has important theoretical and practical value.In terms of theoretical value,it clarifies the subject status of human beings,puts forward that human beings are the subject of understanding the world,and puts forward the proposition of human’s free,all-round development.On this basis,it forms the historical materialism ideology.In terms of practical value,the Marx’s theory of people’s sovereignty,in the construction of socialism with Chinese characteristics in the new era,guides the Communist Party of China to firmly establish a correct governing concept,strictly requires it to correctly handle the relationship between state power and the people,and between the Party and the people,constantly injects vitality and power into the purpose of serving the people wholeheartedly,and provides value guidance and theoretical guidance for the improvement and development of the people’s congress system.Fourthly,based on the requirements of the new era for the development of the Marx’s theory of people’s sovereignty,explore ways to further promote the inheritance of the Marx’s theory of people’s sovereignty in China,on the basis of promoting the Marx’s theory of people’s sovereignty to continuously achieve the newest development results,we will thoroughly implement the Marx’s theory of people’s sovereignty and the new development concept of "taking the people as the center",and promote and accelerate the formation of a political situation in which the Party’s leadership,the people’s ownership of the country and the rule of law are unified.(3)The application of the Marx’s theory of people’s sovereignty in the construction of China’s procuratorial system.From the perspective of the historical development of the construction of China’s procuratorial system,China’s procuratorial system has gone through the founding stage before the founding of New China,the comprehensive construction stage after the founding of New China,the abolition stage in a decade of chaos,the recovery and development stage from the reform and opening up to the 18 th National Congress,and the innovative development stage since the new era.In the process of building China’s procuratorial system in the new era,the application of the Marx’s theory of people’s sovereignty is mainly reflected in the following aspects: adhering to the development concept of "taking the people as the center",adhering to the dominant position of the people,safeguarding the basic rights of citizens,implementing democracy in the whole process,and generally implementing the people’s procuratorial system,ensuring the people’s right to participate in and supervise supervisory affairs.In the system of procuratorial organs accepting the supervision of the People’s Congress,the procuratorial organs actively report their work to the People’s Congress,handle the supervision opinions and suggestions put forward by the deputies to the People’s Congress,accept the inspection of the implementation of laws and regulations by the Standing Committee of the People’s Congress,and accept the personnel supervision of the People’s Congress,which reflects the people’s supervision over the operation of procuratorial power through the organs of state power.The basis for the establishment of the system of procuratorial organs accepting people’s supervision is that procuratorial power comes from,belongs to and is supervised by the people in essence.The specific content is to establish and improve the mechanism of procuratorial organs to deal with the people’s supervision opinions and suggestions.The specific implementation path is to make procuratorial organs better accept the people’s supervision through the people’s supervisor system,which reflects the people’s direct supervision over the operation of procuratorial power;In the system of opening procuratorial affairs,its development and evolution has always been centered on how to provide institutional guarantee for accepting the people’s supervision.The operation of this system is to ensure the people’s right to know,participate and supervise procuratorial work by defining the key links such as the object,content,time limit,method and boundary of opening procuratorial affairs;In the prosecutorial system of public interest litigation,the purpose of its establishment is to protect social public interests,maintain social fairness and justice,and maintain the constitutional and legal authority that reflects the will of the people.In the final analysis,it is to protect the interests of the country and all the people.By analyzing the application of China’s procuratorial system to the Marx’s theory of people’s sovereignty at various stages,we can summarize the basic experience of the innovative development of China’s procuratorial system in the new era,that is,the construction and innovative development of China’s procuratorial system must always adhere to the leadership of the Party,adhere to the people as the center,adhere to being responsible to the people’s congress,and constantly strengthen the people’s supervision power.(4)The problems and countermeasures of China’s procuratorial system construction in the new era.The main task of the construction of China’s procuratorial system in the new era are to adhere to the principle of taking the people as the center,to safeguard the people’s dominant position and rights,to improve the people’s procuratorial system that takes procuratorial work for the people and inspection depends on the people as the purpose,and to use the Marx’s theory of people’s sovereignty and the latest achievements of its localization in China to lead the innovation and development of China’s procuratorial system.Since entering the new era,the construction of the people’s procuratorial system has been fully developed under the leadership of the Party Central Committee,especially the innovation of the public interest litigation procuratorial system,which has played a huge role in safeguarding the fundamental interests of the masses.However,at present,the procuratorial organ’s working mechanism for accepting the supervision of the People’s Congress and its deputies is not perfect,the awareness of accepting supervision is not strong enough,the ability to perform duties is lacking,the effect of procuratorial work needs to be improved,the publicity of procuratorial work is not strong,the scope is not wide,the mechanism is not sound,the methods are not comprehensive,and the security is not sufficient,the people’s supervisors’ supervision is not pioneering,normative,professional,and the work is not balanced,the prosecutorial work of public interest litigation for social awareness is low,the collection channel of case clues is not smooth,the expansion of business scope is difficult,the concept is old,and the relevant personnel are inexperienced.In order to effectively solve these problems,it is necessary to return to the origin of the people’s procuratorial theory,seek a fundamental way out from the Marxist theory of people’s sovereignty,always adhere to accepting the supervision of the people’s congress and its deputies as the fundamental starting point for the construction of the procuratorial system,improve the liaison mechanism and the supervision and guarantee mechanism of deputies to the people’s congress,and fully reflect the people’s dominant position in the supervision of deputies to the people’s congress.We should always take upholding the people’s position as the fundamental principle of improving the system of opening procuratorial affairs,constantly improve the contents and specific rules of opening procuratorial affairs,strengthen the overall coordination and technical support of opening procuratorial affairs,and promote the normalization and institutionalization of procuratorial supervision.We should take the realization of the people’s supervision power as the fundamental direction of the development of the people’s supervisor system,promote the further balanced development of the people’s supervisor supervision,strengthen the linkage between the people’s supervisor and the open procuratorial system,strengthen the publicity and guidance of the people’s supervisor system,and constantly enhance the quality and efficiency of the people’s supervisor supervision.To make the fundamental goal of the construction of the public interest litigation procuratorial system to fully safeguard the fundamental interests of the broad masses,earnestly enhance the sense of responsibility and mission of doing well in the public interest litigation procuratorial work,identify the key points of public interest litigation procuratorial work,guide the whole society to provide public interest litigation procuratorial cooperation,and promote the normalization,institutionalization,standardization and legalization of public interest litigation procuratorial work.In a word,we should constantly strengthen the construction of China’s procuratorial system in the new era,ensure that the Marxist theory of people’s sovereignty is implemented in the process of the operation of the country’s procuratorial power,promote the further development and improvement of the Marx’s theory of people’s sovereignty in the construction,reform and innovation of China’s procuratorial system,highlight the advantages and characteristics of China’s procuratorial system,and promote the innovation and development of China’s procuratorial system to be further rooted in the people,relying on the people Serve the people. |
PDF Full Text Request