A Study On He Sijing's Legal Ideology And Practice

He Sijing,once was called “First Level Jurist in China” by Chairman Mao Zedong,whose legal ideology and practice attracted no interest among the academics.This paper,based on He Sijing's life experience,legal practice,works and translation,studies the contribution of He Sijing's legal ideology in the history of Chinese Marxist jurisprudence through the analysis of the era background and social background,text interpretation and ideological content,so as to make up for and enrich the gaps in the history of Chinese Marxist jurisprudence.This paper consists of an introduction,a main body(the first part to the fourth part)and a conclusion.This paper consists of an introduction,a main body(the first part to the fourth part)and a conclusion.The introduction deals with the studying basis,research value and significance,research methods and literature review.The first part is a textual research on He Sijing's life,legal practice,the process of becoming a Marxism-styled jurist and development of legal ideology.All of these contributed to researching his legal thought,through which we can have a better understanding about why He Sijing led a Marxism way.He Sijing's life experiences: hard childhood(1896-1911);studying Marxism-Leninism in Japan(1911-1927);going to Yan'an to study in the Shaanxi-Gansu-Ningxia border region(1938-1947);settling in Beijing and engaging in legal education in New China(1947-1968).Three factors prompted He Sijing to lead a revolutionary road: sympathy for the toiling masses;strong patriotism and enthusiasm for truths;hatred for corruption of government.The forming of He Sijing's legal thought can be divided into three stages: nurturing period,developing period and re-generating period.The second part studies the content of He Sijing's legal thought,where He Sijing's legal thoughts are summarized into three aspects: thoughts of constitutional law,jurisprudence and legal education.He Sijing's constitutional thought includes seven aspects: the constitution is the fundamental law to protect the interests of the people.The Constitution records the history created by the people.The core issue of the constitution is to stipulate the rights of the people.“The Anti-Japanese National Salvation United Front” is an excellent organization for China's democratic republic.After the victory of the Anti-Japanese War,China should not lead a presidential system,but parliamentary cabinet system.The publication law should be the guarantee for non-governmental publishing.The promulgation of the 1954 Constitution of the People's Republic of China marks the beginning of a new era in China.He Sijing's jurisprudence thought consists of three dimensions: rights are rooted in economic relations;democracy is a means,not an end;the realization of rights should adapt to the stage of social development.He Sijing's legal education thought also includes three parts: law is action,learning law requires courage to practice.attention should be paid to the study of original works including legal science.New China needs to pay attention to cultivating legal talents.The third part focuses on the characters of He Sijing's legal thought: persistently publicizing Marxist law(revealing that Marxist law has a distinct classic nature;that Marxist jurisprudence insists on taking the people as the standard;adhere to the unity of scientificity and practicality of Marxist jurisprudence);reveal the irrationality of criticizing the Kuomintang rule and bourgeois jurisprudence(criticizing the Kuomintang government's anti-communist and negative anti-japanese actions;revealing Chiang Kai-shek's government's violation of Sun Yat-sen's idea of sovereignty;critique of the old bourgeois legal thoughts).The greatest characteristics of He Sijing's legal thought are revolutionary and combative,which is an important part of China's Marxist revolutionary jurisprudence.After the founding of new China,He Sijing tried earlier to transform Marxist jurisprudence from revolutionary to construction,and from revolutionary to construction.The fourth part concludes the historical contribution and practical value of He Sijing's legal thought,which is divided into seven parts: promoting the spread of Marxism in China;pushing the early theoretical construction of the CPC;facilitating the dissemination of Marxist jurisprudence in China;encouraging the construction of Marxist legal theory;influencing the construction of the constitution of new China;introducing and publicizing Marx and Engels' educational thoughts;improving the construction of legal disciplines and the training of legal talents.The conclusion part studies the enlightenment of He Sijing's legal thought and legal practice on the construction of socialist rule of law with Chinese characteristics today.