The Before-after And The Correct-errors Of Abolishing "Six Laws"

This first, second, third and fourth sections of this article focuse News Review.The first section reviews the "Six Laws" the formation of three important periods——Qing Dynasty: the establishment of "Six Laws " system; Initial period of Early National Government:the development and improvement of "Six Laws"; Nanjing National Government: the maturity of "Six Laws" .On this basis, author analyze the basic features of "Six Laws" from the legislative guidelines, structure, designs of legal system, three aspects .The second section reviews the process which of "Six Laws" abolished can be divided into three stages——the article of Leaders: the abolition of "pseudo-legal system"; the party's policies: the abolition of"Six Laws"; common agenda: legalization of the abolition of "Six Laws" .The third section reviews the revocation of the continuing criticism which the "Six Laws" suffered after .Criticism was first in the judiciary, the education sector to start, and showed a trend of enlargement until the large-scale anti-rightist campaign. Around from this we can divide the period into the judicature, the educational circles reforms and around the counter-right movement two stages. Certainly, while carrying on criticizing Six Laws continually, the Central Committee of the political and legal work had also developed, mainly was instilling into the Marxism, establishing the political and legal organization, proclaiming political law; developing the origin of judicature cadre, training politics and law cadre, establishing politics and law academic society, and establishing politics and law publication, and so on.The fourth section reviews the legal system survey after "Six Laws" had been abolished for thirty years, we had time joy when the legal system was newly established, had time helpless when the legal system was despised and stagnated to back up, had time sorrow when the legal system was destructed comprehensively, had time anticipated when some legal systems was pacing back and forth, had time hopeful when the legal system was restored, legislation work of these thirty years let us filled with emotion. After reviewing the legal system survey after "Six Laws" had been abolished for thirty years , we can carry on a simple contrast with benign development of New "Six Laws" of Taiwan.The fifth, sixth sections of this article focuse pondering.The fifth section analyzes the reason for "Six Laws" which had been abolished from many angles of view. First, analyzing the relation between revolution and law when the Chinese dynasty changed, the relation between the democratic revolution (the 1911 Revolution )and law, the relation between the revolution which Communist Party of China leaded to obtain the general rule and the special situation by the time about interaction development between law and revolution. Then analyzes the reason which "Six Laws" was abolished from the theoric and historical aspects realistically :one-sidedly understood the law basic principle of Marx , the influence of traditional law culture , the basic legal system of the Chinese Communist Party the hatred beteen the Kuomintang and Communist Parties for civil war, "Six Laws" far from localization. Perhaps we can obtain more enlightenment. Simultaneously, the author note the special national condition of China, namely leader's formidable mobilization ability and the rallying ability, law nihilism of Mao Zedong had decided the destiny of "Six Laws" to a certain extent .With the aid of the Marxism diagnostic method and the values appraisal criterion in the sixth section of this article, author appraise the gains and losses about abolishing "Six Laws", and examine carefully the behavior of the Marxist abolishing "Six Laws" which whether truly conforms to the Marxism basic principle. Finally, author analyze and search the profound influence of abolishing "Six Laws" to China in microscopic, intermediate and macroscopic levels .The behavior of abolishing "Six Laws" has passed fully for 60 years as the significant event in the Chinese legal system history, and the reflection of abolishing "Six Laws" which inspires the significance of law construction is a very meaningful topic today. Adopt what attitude on the traditional law cultural heritage and the external advanced government by law civilization? What type status and functions should the jurists have or display in the process of law construction? How to deal with legal education and the construction of new legal culture ? How to carry on the reform of the political system ? A series of questions before us are unable to avoid and worth reconsidering. Only in-depth reflection, historical experience and lessons learned now , can we track better in the benign line of law construction .