抗战时期盐阜区根据地法制建设探析

发布时间：2018-11-11 07:51

【摘要】： 1940年10月,新四军主力在八路军一部的帮助下在苏北盐城建立了盐阜抗日民主根据地。盐阜抗日根据地虽处在敌伪顽的重重包围中,但根据地民主政权在中国共产党的领导下,正确执行了中共中央抗日民族统一战线政策,在极端艰难困苦的条件下,开展了卓有成效的法制建设。盐阜区抗日民主政权以抗战建国纲领、中共中央政策为最高原则,结合本地区实际,初步建立了新民主主义的且有本地区特色的一套法律制度。立法涵盖政府部门制规、土地、财经、劳资、刑事、文教、债务、婚姻、继承、选举等多部门、领域,并形成了一套依靠群众、方便群众的刑事、民事诉讼程序制度。民主政权还逐步建立了司法审判机关,开展了行之有效的刑事、民事审判活动,有力地保障了抗日根据地的安全和社会秩序,有效地调整了根据地内人民之间的关系,加强了抗日民众的团结。盐阜区法制建设显现出三个特色,即盐阜区民主政权强调法制建设始终围绕抗战大局,注重加强文教、财经立法工作,并结合本地区实际颁行了有本地区特点的法律法规。盐阜区法制建设为保卫抗日民主政府,保障统一战线旗帜下社会各抗日阶层的利益起到了积极作用,为盐阜区抗日民主政权坚持抗战并夺取抗战的最后胜利提供了法律保障。但因受盐阜区抗日根据地所处严酷战争环境及盐阜区司法人员素质不高等因素影响,盐阜区法制建设仍存在部分领域立法欠缺或空白、法律执行不力、司法人员粗暴执法等诸多不足之处。盐阜区抗日民主政权所进行的新民主主义法制建设的探索和实践以及其体现出的司法为民精神、不畏困难的牺牲精神、司法改革创新精神等对我们今天的民主法制建设及司法改革仍有可供借鉴的意义。
[Abstract]:In October 1940, the main force of the New fourth Army, with the help of the eighth Route Army, established the Yenfu Anti-Japanese Democratic Base area in Yancheng, northern Jiangsu. Although the anti-Japanese base area in Yanfu is surrounded by the enemy and the forgery, the democratic regime in the base area, under the leadership of the Communist Party of China, has correctly carried out the policy of the Central Committee of the Communist Party of China on the anti-Japanese national United front, under extremely difficult and difficult conditions. We have carried out fruitful legal system building. The anti-Japanese democratic regime in Yanfu area took the program of founding the people's Republic of China in the War of Resistance against Japan and the policy of the CPC Central Committee as the supreme principle, combined with the reality of the region, and preliminarily established a set of new democratic legal system with local characteristics. Legislation covers government regulations, land, finance, labor, criminal, cultural, educational, debt, marriage, inheritance, election and other multi-sectoral, and formed a set of relying on the masses, convenient for the masses of criminal, civil procedure system. The democratic regime has also gradually established judicial and judicial organs, carried out effective criminal and civil trial activities, effectively guaranteed the security and social order of the anti-Japanese base areas, and effectively adjusted the relations between the people in the base areas. The unity of the anti-Japanese people has been strengthened. The construction of legal system in Yanfu district shows three characteristics: the democratic regime in Yanfu district emphasizes that the construction of legal system always revolves around the overall situation of the War of Resistance against Japan, pays attention to strengthening the work of culture, education, finance and economics and legislation, and has issued laws and regulations with the characteristics of this region in combination with the actual situation in this area. The construction of legal system in Yanfu district played a positive role in defending the anti-Japanese democratic government and safeguarding the interests of all the anti-Japanese strata under the banner of the United front, and provided the legal guarantee for the democratic regime of the anti-Japanese resistance in Yanfu to persist in the Anti-Japanese War and to win the final victory of the Anti-Japanese War. However, due to the harsh war environment in Yanfu Anti-Japanese Base area and the poor quality of judicial personnel in Yanfu District, there are still some areas of legislation lacking or blank in the construction of legal system in Yanfu District, and the enforcement of the law is weak. Judicial personnel rough law enforcement and many other deficiencies. The exploration and practice of the construction of the new democratic legal system carried out by the anti-Japanese democratic regime in Yanfu District, as well as its embodiment of the spirit of justice for the people, and the spirit of sacrifice in spite of difficulties, The innovation spirit of judicial reform can still be used for reference in the construction of democracy and legal system and judicial reform.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929;K265

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