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1949-1956 : Review of China 's legal construction and Reflection

Author: HanWei
Tutor: LiuJianHui
School: The Central Party School
Course: CPC's history
Keywords: China 's legal construction Review and Reflection The leadership of the Communist Party of China Socialist legal system Founding of the beginning Legal practice Congress China's legal system modernization View of Legal System Legal culture
CLC: D920.0
Type: Master's thesis
Year: 2000
Downloads: 572
Quote: 3
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Abstract


China to build a socialist country under the rule of law must strike learn from history, lessons learned, to avoid the pitfalls. The legal construction carried out by the leadership of the Communist Party of China from 1949 to 1956 would have been a good start, but because of the mistakes the objective historical limitations and the subjective understanding as well as the specific work, left a huge risk to subsequent legal construction. This paper seeks to explore the mistake lies, to provide a reference for the construction of the country's rule of law today. The paper is divided into four parts: the first part of the analysis of the legal construction of the founding of the early history of facing environment. The legal construction from the perspective of the Chinese legal system modernization, early 1949 should be an important part of the process of modernization of China's legal system inherited since the late Qing constitutional reform, it is a new development in the legal system on the basis of modernization of old China. After the founding of New China, the new people's regime needs to be recognized by the new legal and consolidate activities in the field of socio-economic and cultural production life and social relations need to regulate and adjust, therefore, responsible for the leadership of the Chinese Communist Party came to power and legal system the historic task. As a ruling party, the Communist Party of China after the founding of the legal construction work has some theoretical preparation and design planning, outlining a blueprint of a socialist country under the rule of law, but there are still many shortcomings in theory and practice, the legal construction of New China is historical background. The second part of three brief review of the history of the founding of the beginning of the legal system construction. Order history and logic, the first step of the Communist Party of China, is the abolition of the old legal system and the transformation of the old judiciary. This is based on Marxist theory and legal practice in the Soviet Union as a reference, specifically, of the KMT's \The second step is to create a socialist legal system, and the establishment of the judicial system of the people. This process is bounded by the 1954 Constitution promulgated, is divided into two stages, namely the start-up phase of the new legal system and the foundation stage. Under the leadership of the Chinese Communist Party in the legal system to create the work has made significant achievements, basically establishing a socialist legal system. The third step is to build a new legal culture. This is the deepest level of the legal system construction and reform, and it is mainly reflected in legal education and legal research. The third part is a reflection of the problems and mistakes. The legal construction in early 1949 did not do well because of the basis of the initial setbacks, resulting in the latter part of the legal construction. This leads to the legal construction mistakes mainly at two levels: the erroneous view on the rule of law, and the Communist Party of China formed a \\The slow legislative powers of the People's Congress is not real in the legal practice, the party's position and role defined in the specification is not clear, to legal cultural infrastructure to keep pace practical needs and more judicial activities ills, lack of objective justice and other issues. It is these mistakes, a huge risk for future planted after 1957, began to reveal to the chaos of the \The fourth part is the conclusion, put forward the rule of law and national construction should pay attention to solve three practical problems: the Communist Party of China must be within the scope of the Constitution and the laws activities, people, the Japanese government the power to truly implement; strengthen the People's Congress functions, improve and perfect the socialist legal system, and earnestly implement the rule of law; establish the supremacy of the law, cultivating civic awareness of the rule of law and the rule of law and judicial independence.

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