雷经天新民主主义司法思想论  

A Discussion on the New Democratic Judicial Thoughts of Lei Jingtian

作　　者：刘全娥[1] 

机构地区：[1]西北政法大学刑事法学院

出　　处：《法学研究》2011年第3期194-208,共15页Chinese Journal of Law

基　　金：陕西省教育厅人文社科项目"陕甘宁边区司法规范化改革研究-以政府审委会为视角"(批准号:08JK171)的前期成果之一

摘　　要：雷经天的司法思想是新民主主义司法思想的典型体现。苏维埃司法的政法传统、边区司法正规化改革思想及马克思主义理论的中国化潮流是其思想的主要来源。围绕新民主主义司法观,雷经天提出了在司法组织上贯彻民主集中制,在法官队伍建设中加强工农干部与知识分子干部的融合,在六法全书援用中将政治立场与司法实践适度分离,在司法程序中坚持司法民主、发展司法便利等系列观点。其思想贯穿着革命性和实践性思维的特点,是时代背景与个人经验综合作用的产物。Lei jingtian joined the Chinese Communist Party in 1925. He participated m the Nanchang Uprising, and was one of the founders of Youjiang Revolutionary Base in Guangxi Province. He experienced the Long March, and had a revolutionary seniority. He had served as the President of the High Court of the Shaan--Gan--Ning Border Region for six years, and had a ma- jor impact on the judicial development of the Border Area. The judicial thoughts of Lei Jingtian are a concentrated reflection of China＇s new democratic revolutionary judicial thoughts. ＂The tradition of politics and law＂ of the Soviet justice, the reform thoughts of the regularization of justice in the Shaan--Gan--Ning Border Region from 1942 to 1943, and the Chinese--style trend of Marxist theory are the main sources of his thoughts. In 1940, he proposed two important concepts, that is, the new democratic justice, and the new dem- ocratic justice system. In his view, the new democratic justice should serve the politics and protect the interests of all classes of people fighting against Japanese. The new democratic justice should also have three characteristics of equality, unity and democracy. Around his new democratic con- cept of justice, Lei Jingtian put forward series of viewpoints, including applying the principle of democratic centralism thoroughly in the judicial organizations, integrating of the worker and peas- ant cadres with the intellectual cadres in the judge team, maintaining appropriate separation be- tween the political standpoint and the judicial practice in invoking the Complete Volume of Six Chinese Laws, and persevering judicial democracy and increasing its convenience in judicial proce- dures. The revolutionary way of thinking and the empirical way of thinking are the two features of his thoughts, which are the product of the integrated influence of historical background and his subjective experiences.

关 键 词：雷经天 新民主主义司法思想 革命根据地法制史 陕甘宁边区高等法院 

分 类 号：D926[政治法律—法学]