Study On Dong Biwu's Legal System Thought

In the long-term revolutionary period of China, especially in the early days of foundation when the policy of the Party occupied an leading position under the special historical background, regarding legal view of Marxism as guidance, Dong Biwu explored untiringly how to build socialist legal construction, comparatively and systematically put forward a series of scientific theories that can stand the test of time and practice, which enriched the theory treasure-house of law science of Marxism-Leninism and Mao Zedong Thought. At present, the specialists mainly study Dong Biwu's legal system thought in the fields of the thought of constitutional system, judicial thought, the thought of abiding by the law, the thought of education of law science, etc. Based on the above, the thesis studies-the forming and development, basic content and value of Dong Biwu's legal system thought systematically, regarding handling affairs in accordance with the law as the main thread.This thesis is divided into three parts:The first part is about the forming and development of Dong Biwu's legal system thought. In the revolutionary career of all his life, Dong Biwu crossed over old democratism, new democratism and socialism. So the theorical sources of his legal system thought include: Legal theory of Marxism, Sun Yat-sen's legal thought and outstanding traditional legal culture of China. In addition, Dong Biwu's legal system thought was iniluenced by the legal thought of western capitalist class to some degree because he majored in law in Japan during his early years. The forming and development of Dong Biwu's legal system thought has gone through three stages and every stage possesses the characteristics of its own. (l)Initial stage (1914-1948 ), its essential feature is: Regarding the legal view of Marxism as guidance, he observed and explained the legal questions, explained the nature and basic principles of the legal system; Meeting the needs of political struggle ,he maintained to overthrow imperialism and knock the warlords down in the revolutionary way. protected the peasants interests by legal means. (2) Forming stage(1948-1956), its essential feature is: The view of opposition and unity between the revolution and legal system; To pay attention to having Party members and cadres play exemplary role in observing disciplines and obeying laws. (3) Developing stage (1957-1975), its essential feature is: To explain the importance of the legal construction from macroscopic and make every effort to probe the basic law of the socialist legal construction.The second part is about the basic content of Dong Biwu's legal system thought. Dong Biwv regarded handling affairs in accordance with the law as the core and his legal system thought has formed a comparatively systematic and intact system in such aspects as legislation , abiding by the law, administration of justice and the training of legal talents. The law that can be abided by is the prerequisite in perfecting the legal system and realizing handling affairs in accordance with the law. His legislative thought includes: The legislative guiding thought is regime's belonging to the mass; Democratization principle of legislation; The legislative way is based on the reality of China, referring to the advanced experiences of the Soviet Union socialist legal construction. The law that must be abided by is the core in establishing legal authority and realizing handling affairs in accordance with the law. His thought of abiding by the law includes: The ideology prerequisite of the people's abiding by the law; The historical origin and social origin that influence the people to abide by the law; The way that cultivates the people, especially the Party and national staff members, to believe and abide by the law. Administration of justice abiding by laws is the guarantee to maintain justice and realize handling affairs in accordance with the law. His judicial thought includes: The guiding thought is to establish people's administration of justice; To set up and perfect the judic...