苏区司法体系述论
发布时间：2019-04-26 21:22
【摘要】：中华苏维埃共和国建立后,为巩固新生的革命政权,中国共产党借鉴苏俄经验的基础上积极动员和组织人民,进行了卓有成效的政权建设。在政权建设的过程中,苏区的人民政权颁布了诸多纲领性文件,制定了一系列法律,进行了司法体系的建设。苏区司法体系在特殊的战争时期,有些司法机关的设置欠妥当,审判制度不够健全,司法工作上缺少监督,但在当时的条件下,其司法体系仍呈现出独有的特色,很多设置和规定具有独创性和进步意义。苏区的司法体系的建立和完善对工农民主政权的巩固和发展起到了至关重要的作用,对以后抗日根据地政权和解放区甚至建国后的司法制度建设都有重要的借鉴意义。认真总结苏区司法体系的利弊得失,取其精华,弃其糟粕,对深化我国当前的司法改革,进一步完善我国的司法体系,将会起到应有的积极作用。 本文通过对苏区司法体系形成过程的考察以及对各司法机关的具体分析,归纳出苏区司法体系的特点,总结了历史经验和教训,笔者分七部分进行阐述: 第一部分:分析了苏区司法体系得以建立和发展的历史背景,主要是对大革命时期司法机构创设的继承,国民政府司法制度的借鉴,苏联司法经验的学习。 第二部分:论述了苏区的司法组织体系,包括苏区政权创设初期的司法机关和苏区政权巩固时期的司法机关,通过论述这些司法机关的设立、组织机构和职能,揭示了苏区司法组织体系形成过程中的规律和特点。 第三部分:介绍了苏区的司法行政机关--人民司法委员会的设立、组织机构和职能,统一了各级裁判部的审判方针,制定了统一规范,培训司法人员和司法干部,这样使苏区的审判工作走上正轨。 第四部分:介绍苏区特殊的司法机关--国家政治保卫局的设立、组织机构、职能,得出了国家政治保卫局的特点,以及它的利弊。 第五部分:论述了苏区的审判体系,对苏区的审判原则、审判程序进行重点考察,阐明苏区审判体系的利弊得失。 第六部分:总结苏区司法体系的特点,即重刑事,轻民事,鲜明的阶级性,中央政审分立、地方政审合一,实行审检合一制,司法没有真正独立。 第七部分:总结苏区司法体系建设的经验教训,得出历史启示:司法民主是司法公正的重要条件,司法独立是司法公正的重要基础,司法监督是司法公正的基本保障,法律面前人人平等是司法公正的基本要求。
[Abstract]:After the establishment of the Soviet Republic of China, in order to consolidate the new revolutionary regime, the Communist Party of China actively mobilized and organized the people on the basis of the experience of the Soviet Union and Russia, and carried out effective regime construction. During the process of political power construction, the people's political power in the Soviet area issued many programmatic documents, formulated a series of laws, and carried on the construction of the judicial system. During the special war period, some judicial organs were not set up properly, the judicial system was not perfect enough, and the judicial work was lack of supervision. However, under the conditions of that time, the judicial system still showed its unique characteristics. Many settings and regulations are original and progressive. The establishment and perfection of the judicial system in the Soviet region played a vital role in the consolidation and development of the democratic power of workers and peasants, and it was of great significance for reference to the political power in the anti-Japanese base areas and the construction of the judicial system in the liberated areas and even after the founding of the people's Republic of China. Summing up the advantages and disadvantages of the judicial system in the Soviet region, taking its essence and abandoning its dross will play a positive role in deepening the current judicial reform and further perfecting the judicial system in our country. Based on the investigation of the formation process of the judicial system in the Soviet region and the specific analysis of the judicial organs, this paper sums up the characteristics of the judicial system in the Soviet region and summarizes the historical experiences and lessons. The author is divided into seven parts: the first part: analyzes the historical background of the establishment and development of the judicial system in the Soviet region, mainly on the inheritance of the judicial institutions created during the Great Revolution and the reference of the judicial system of the national government. The study of Soviet judicial experience. The second part discusses the judicial organization system in the Soviet region, including the judicial organs in the early days of the creation of the Soviet regime and the judicial organs in the period of consolidation of the Soviet political power, through which the establishment, organizational structure and functions of these judicial organs are discussed. It reveals the rules and characteristics of the formation of the judicial organization system in the Soviet region. The third part introduces the establishment, organization, and functions of the people's Judicial Committee, the judicial administrative organ in the Soviet region, unifies the judicial principles of the adjudicative departments at all levels, formulates unified norms, and trains judicial personnel and judicial cadres. This put the trial in the Soviet area on the right track. The fourth part introduces the establishment, organization and function of the State political Security Bureau, the special judicial organ in the Soviet area, and draws the characteristics of the National political Security Bureau, as well as its pros and cons. The fifth part discusses the trial system of the Soviet area, the principle of trial and the procedure of the trial in the Soviet area, and expounds the advantages and disadvantages of the trial system in the Soviet area. The sixth part summarizes the characteristics of the judicial system in the Soviet region, that is, emphasizing the criminal, light civil, distinct class nature, the separation of the central government and adjudication, the unity of local government and trial, the implementation of a unified system of trial and inspection, the judiciary is not really independent. The seventh part summarizes the experience and lessons of the construction of the judicial system in the Soviet region and draws the historical enlightenment: judicial democracy is an important condition of judicial justice, judicial independence is the important foundation of judicial justice, judicial supervision is the basic guarantee of judicial justice, and judicial supervision is the basic guarantee of judicial justice. Equality before the law is the basic requirement of justice.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;K263
本文编号：2466407
[Abstract]:After the establishment of the Soviet Republic of China, in order to consolidate the new revolutionary regime, the Communist Party of China actively mobilized and organized the people on the basis of the experience of the Soviet Union and Russia, and carried out effective regime construction. During the process of political power construction, the people's political power in the Soviet area issued many programmatic documents, formulated a series of laws, and carried on the construction of the judicial system. During the special war period, some judicial organs were not set up properly, the judicial system was not perfect enough, and the judicial work was lack of supervision. However, under the conditions of that time, the judicial system still showed its unique characteristics. Many settings and regulations are original and progressive. The establishment and perfection of the judicial system in the Soviet region played a vital role in the consolidation and development of the democratic power of workers and peasants, and it was of great significance for reference to the political power in the anti-Japanese base areas and the construction of the judicial system in the liberated areas and even after the founding of the people's Republic of China. Summing up the advantages and disadvantages of the judicial system in the Soviet region, taking its essence and abandoning its dross will play a positive role in deepening the current judicial reform and further perfecting the judicial system in our country. Based on the investigation of the formation process of the judicial system in the Soviet region and the specific analysis of the judicial organs, this paper sums up the characteristics of the judicial system in the Soviet region and summarizes the historical experiences and lessons. The author is divided into seven parts: the first part: analyzes the historical background of the establishment and development of the judicial system in the Soviet region, mainly on the inheritance of the judicial institutions created during the Great Revolution and the reference of the judicial system of the national government. The study of Soviet judicial experience. The second part discusses the judicial organization system in the Soviet region, including the judicial organs in the early days of the creation of the Soviet regime and the judicial organs in the period of consolidation of the Soviet political power, through which the establishment, organizational structure and functions of these judicial organs are discussed. It reveals the rules and characteristics of the formation of the judicial organization system in the Soviet region. The third part introduces the establishment, organization, and functions of the people's Judicial Committee, the judicial administrative organ in the Soviet region, unifies the judicial principles of the adjudicative departments at all levels, formulates unified norms, and trains judicial personnel and judicial cadres. This put the trial in the Soviet area on the right track. The fourth part introduces the establishment, organization and function of the State political Security Bureau, the special judicial organ in the Soviet area, and draws the characteristics of the National political Security Bureau, as well as its pros and cons. The fifth part discusses the trial system of the Soviet area, the principle of trial and the procedure of the trial in the Soviet area, and expounds the advantages and disadvantages of the trial system in the Soviet area. The sixth part summarizes the characteristics of the judicial system in the Soviet region, that is, emphasizing the criminal, light civil, distinct class nature, the separation of the central government and adjudication, the unity of local government and trial, the implementation of a unified system of trial and inspection, the judiciary is not really independent. The seventh part summarizes the experience and lessons of the construction of the judicial system in the Soviet region and draws the historical enlightenment: judicial democracy is an important condition of judicial justice, judicial independence is the important foundation of judicial justice, judicial supervision is the basic guarantee of judicial justice, and judicial supervision is the basic guarantee of judicial justice. Equality before the law is the basic requirement of justice.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;K263
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