| Deng Xiaoping’s thought of legal system, an important part of his Theory, plays a guiding role in our socialist democratic and legal construction, which has a great influence on our criminal law system. Just as the produce of any other scientific theory, Deng Xiaoping’s thought of legal system also has gone through such a period from its formation to its development. The period of infancy lasts from the beginning of Anti-Japanese War to the late years of Cultural Revolution (1975s); the period of formation of the basic idea lasts from the Third Plenary Session of Eleventh Central Committee to the12th Congress of CPC (the Communist Party of China); the period of formation gradually spread and form the outline period continued from the12th Congress of CPC to the13th Congress of CPC; the foundation of the outline form relatively complete system of science from the13th Congress of CPC to the South Speech of CPC. The South Speech of CPC to now is the speech of science development period and continuing to mature. Actually the produce of any scientific theory is not imaginary, but has its own theoretic basis and practical origin. The same is true of Deng Xiaoping’s thought of legal system, which is grounded on the Maxis-Leninism and Mao Zedong’s thought of legal system. Its practical foundation lies in the absorption of the experience and lessons from other countries all over the world in the construction of legal system. And its historical basis consists in the analysis of the results of our legal construction. In Deng Xiaoping’s thought of legal system, it beholds such contents as dealing with the relationship for better between the "ruled by law" and the "ruled by man", as strengthening the legal system education and people’s consciousness of law, and so on.What the author will make a study of is about the influence of Deng Xiaoping’s thought of legal system. The author has just introduced one aspect of this problem that everything has two sides. Meanwhile, he is about to talk of another problem---the cardinal elements made of China’s criminal law theory. This theory mainly involves the criminal law and the criminal procedural law related to the basic principle, in a criminal trial and sentencing, convicted criminal policy and so on several aspects. As is mentioned of above, Deng Xiaoping’s thought of legal system has great influence and guiding significance on our criminal law system. However, following is the reflection. In the criminal legislation, it made our criminal law come into being and revised in guidance of proper legislative principles. Afterwards, two criminal laws were drawn up---the1979criminal law and the1997criminal law, and the amendment of criminal law had been consummated repeatedly. In the law enforcement of criminal law, it gives us the guidance on how to handle properly the relationship between the Party and the law. In the judicature, an idea of taking severe measures against the grave criminal activities is put forward at first; and then, from China’s real conditions of development, it is proposed to take quick actions against the grave criminal activities; finally, it develops into tempering the justice with mercy. In addition, Deng Xiaoping also poses that the death penalty should not be abolished for the objective and function of criminal penalty. Instead, he insists that it should be implemented discreetly. This thought has had such a profound effect that today’s new criminal law tends to give more concerns about the respect and protection of people’s life right. At last, his thought of legal system has played an influential role not only in the type and range of death penalty and the application to the principle that everyone is equal before law, but also in the punishment against economic crime and corruption crime. And it also leads us to strengthen the construction of judicature and the cultivation of citizen’s concept of law, and to implement the Franco-Prussian education. |
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