Study On Zhou Enlai’s Thought Of Legal System Construction

1949, Zhou Enlai presided and drafted The Chinese People’s Political Consultative Conference’s Charters which brough up the suggestion of abolished the old legal system and established the legal system of people, which opened a new process of China’s legal system. The report of the15th National Congress of CPC firstly determined the rule of law was a basic strategy of the Party and the government run the country; November,2013, The party’s18party furtherly presided that the Party and the government should comprehensively promote the basic national policy of the rule of law, and continuously improve and perfect the ability and modalities of the party running the country; At the just-concluded18plenary session,The Party furtherly presided that we should reform and perfect the Judicial System, and speed up the establishment of a fair, efficient and authoritative socialist justice system. These views have been continuing to inherit and carry forward the Marxist concept of the rule of law, and profoundly reflects the character and spirit of the Chinese Communist Party with the times and innovating. The rule of law, establishing and perfecting the socialist legal system, which is the inevitable choice of the CPC’s exploration of building a socialist modern country, and is also an important means to improve our Party’s governing capacity. Comrade Zhou Enlai used to be one of the key leaders of our Party, army and government, during the Chinese revolution and social construction, he had been thinking and advancing the nation’s legal system building process. In fields of legislation, judgment and observation of the law, lots of his thoughts have great theoretical and practical significances, for current China establishing and perfecting the socialist legal system with Chinese characteristics, taking the path of the rule of law. In the new period, under the great ages background of deepening the reforms and the pursuit of the great "China Dream", we must pay attention to some problems, such as the construction and improvement of the legal system; uphold the unity of the socialist legal system; attach importance to the role of evidence in the conviction and sentencing; adhere to the combination of strict and tolerant, the simultaneous using legal and ethical, and so on. Meanwhile, we must also note to avoid some situations arise. For example, replacing law with policy; laws are not fully observed, or strictly enforced, or obey, violators are not brought to justice, in some regions and departments.The articles is divided into four parts. The first chapter is the introduction, which elaborates the current research background、purpose and significance of the thesis, a summary of domestic research and research methods. The second chapter examines two sides of the formation and development of the legal system thought of Zhou Enlai, namely:theory origin and history of ideas. The chapter III focuses on the theory system of Zhou Enlai’s Thought of Legal System Construction, which includes the discussion of the guidelines on the legal construction of Zhou Enlai and the overview of the idea of the content frame. The four chapter emphasizes about experiences and enlightenments of Zhou Enlai’s Thought of Legal System Construction on the current process of China’s legal construction.