抗日战争时期陕甘宁边区的法制建设
发布时间：2018-08-20 07:30
【摘要】： 法制建设的完善是近代以来中国追求现代化的目标之一。抗战时期的陕甘宁边区，作为国民政府所属特殊行政区域和中共中央所在地，其法制建设状况为抗日战争研究中一个值得重视的历史现象，且具有其特殊性。通过对抗战时期陕甘宁边区法制建设的研究，可以弥补以往对边区法制建设研究的不足，有助于加强边区研究和党史研究工作。本文在吸收前人研究所取得成果的基础上，对边区法制建设状况做了较为全面、深入的探讨和研究。 首先，详细叙述了抗日民族统一战线的形成及其在边区法制建设中的所起到的理论指导作用，并在大量借用前人研究成果的基础上，初步勾勒出边区立法工作中制订的各项法律法规。通过分析边区宪法性文件《陕甘宁边区施政纲领》和选举法、政权组织法、刑事法、土地法、诉讼法、婚姻法、劳动保护法等各项法规的制订，指出立法中所取得的成就及其在完善边区法制建设中所起到的重要作用，同时，对边区立法工作中如经济、土地立法等表现出法制建设不健全的方面进行初步探讨。 其次，对边区的司法机构、审判制度、调解制度、刑罚制度、狱政制度进行分析研究，通过对边区司法制度的探讨，以求得对于抗战时期边区的法制建设状况有一个较为全面的了解，还历史以本来面目。 再次，通过逐一分析边区所制定的选举法、政权组织法、刑事法、土地法、诉讼法、婚姻法、劳动保护法等法规的执行情况，得出结论：边区各项法规条例的执行中取得了可喜的成绩，，实现了边区各阶层人民的团结，保障了边区人民人权财权的安全，稳定了边区社会，扩大与巩固了边区抗日民族统一战线， 满足了取得抗战胜利的要求，促进了边区法制建设的完善工作。同时，对法律 执行中未能全面贯彻、执行各项法律，体现出边区法制建设不成熟状况的方面 进行了探讨工作，指明了各法规执行中的不足之处。 最后，在本文的结论部分。肯定了在立法、司法和执法中所取得的成就， 基本上完善了边区法制建设，初步形成了抗日民主政权的新民主主义法律体 系。在承认成绩的同时，也指出了边区法制建设的不成熟之处，总结了边区在 立法、司法和执法过程中的种种缺陷和不足，并就其战时环境和边区干部法律 知识的缺乏两个主要原因进行分析，探讨其在边区法制建设中的影响和作用。
[Abstract]:The perfection of legal system construction is one of the goals for China to pursue modernization since modern times. The Shensi-Kansu-Ningsia Border region in the period of Anti-Japanese War, as a special administrative region of the National Government and the seat of the CPC Central Committee, its legal system construction is a historical phenomenon worthy of attention in the study of the War of Resistance against Japan, and has its particularity. The research on the legal construction of the Shensi-Kansu-Ningsia Border region during the Anti-Japanese War period can make up for the deficiency of the previous research on the legal construction of the Border region and help to strengthen the research on the Border region and the Party's history. On the basis of absorbing the achievements of previous studies, this paper makes a comprehensive and in-depth study on the legal system construction in the border area. First of all, the formation of the anti-Japanese national United front and its theoretical guidance role in the legal construction of the border region are described in detail, and on the basis of a large number of previous research results, A preliminary outline of the border region in the legislative work to formulate laws and regulations. Through the analysis of the constitutional documents of the Border region "the Policy agenda of the Shensi-Kansu-Ningsia Border region" and the electoral law, the organic law of the political power, the criminal law, the land law, the procedural law, the marriage law, the labor protection law, and other laws and regulations, This paper points out the achievements made in the legislation and its important role in perfecting the legal system construction in the border area. At the same time, it makes a preliminary discussion on the imperfect legal system construction in the legislation work of the border region, such as economy and land legislation. Secondly, the judicial institutions, judicial system, mediation system, penalty system and prison system of the border region are analyzed and studied, and through the discussion of the judicial system in the border region, In order to obtain a more comprehensive understanding of the legal construction of the border region during the War of Resistance against Japan, and to return the history as it is. Thirdly, through the analysis of the implementation of the electoral law, the law of political power, the criminal law, the land law, the procedural law, the marriage law, the labor protection law and so on formulated in the border areas one by one, It is concluded that gratifying achievements have been made in the implementation of the laws and regulations of the Border region, which have realized the unity of the people of all strata of the Border region, guaranteed the security of the human rights and financial rights of the people of the Border region, and stabilized the society of the Border region. It has expanded and consolidated the anti-Japanese national United front in the Border region and met the requirements for victory in the War of Resistance. Promoted the border area legal system construction consummation work. At the same time, the law has not been fully implemented and enforced, This paper discusses the immaturity of the legal system construction in the border area and points out the deficiencies in the implementation of the laws and regulations. Finally, in the conclusion of this paper. He affirmed the achievements made in legislation, judicature and law enforcement, and basically improved the legal system construction in the border region. Initially formed the anti-Japanese democratic regime of the new democratic legal system. While acknowledging its achievements, it also points out the immaturity of the legal system in the border region, and sums up the defects and deficiencies in the legislative, judicial and law enforcement process of the border region. This paper also analyzes the two main reasons of its wartime environment and the lack of legal knowledge of cadres in the Border region, and probes into its influence and function in the legal construction of the Border region.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：K265.9;D929.65
[Abstract]:The perfection of legal system construction is one of the goals for China to pursue modernization since modern times. The Shensi-Kansu-Ningsia Border region in the period of Anti-Japanese War, as a special administrative region of the National Government and the seat of the CPC Central Committee, its legal system construction is a historical phenomenon worthy of attention in the study of the War of Resistance against Japan, and has its particularity. The research on the legal construction of the Shensi-Kansu-Ningsia Border region during the Anti-Japanese War period can make up for the deficiency of the previous research on the legal construction of the Border region and help to strengthen the research on the Border region and the Party's history. On the basis of absorbing the achievements of previous studies, this paper makes a comprehensive and in-depth study on the legal system construction in the border area. First of all, the formation of the anti-Japanese national United front and its theoretical guidance role in the legal construction of the border region are described in detail, and on the basis of a large number of previous research results, A preliminary outline of the border region in the legislative work to formulate laws and regulations. Through the analysis of the constitutional documents of the Border region "the Policy agenda of the Shensi-Kansu-Ningsia Border region" and the electoral law, the organic law of the political power, the criminal law, the land law, the procedural law, the marriage law, the labor protection law, and other laws and regulations, This paper points out the achievements made in the legislation and its important role in perfecting the legal system construction in the border area. At the same time, it makes a preliminary discussion on the imperfect legal system construction in the legislation work of the border region, such as economy and land legislation. Secondly, the judicial institutions, judicial system, mediation system, penalty system and prison system of the border region are analyzed and studied, and through the discussion of the judicial system in the border region, In order to obtain a more comprehensive understanding of the legal construction of the border region during the War of Resistance against Japan, and to return the history as it is. Thirdly, through the analysis of the implementation of the electoral law, the law of political power, the criminal law, the land law, the procedural law, the marriage law, the labor protection law and so on formulated in the border areas one by one, It is concluded that gratifying achievements have been made in the implementation of the laws and regulations of the Border region, which have realized the unity of the people of all strata of the Border region, guaranteed the security of the human rights and financial rights of the people of the Border region, and stabilized the society of the Border region. It has expanded and consolidated the anti-Japanese national United front in the Border region and met the requirements for victory in the War of Resistance. Promoted the border area legal system construction consummation work. At the same time, the law has not been fully implemented and enforced, This paper discusses the immaturity of the legal system construction in the border area and points out the deficiencies in the implementation of the laws and regulations. Finally, in the conclusion of this paper. He affirmed the achievements made in legislation, judicature and law enforcement, and basically improved the legal system construction in the border region. Initially formed the anti-Japanese democratic regime of the new democratic legal system. While acknowledging its achievements, it also points out the immaturity of the legal system in the border region, and sums up the defects and deficiencies in the legislative, judicial and law enforcement process of the border region. This paper also analyzes the two main reasons of its wartime environment and the lack of legal knowledge of cadres in the Border region, and probes into its influence and function in the legal construction of the Border region.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：K265.9;D929.65
【引证文献】
相关硕士学位论文 前2条
1 夏雪梅;《陕甘宁边区施政纲领》评析[D];江西财经大学;2010年
2 姜s
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