哈尔滨解放区法制建设中的苏联法影响

哈尔滨解放区法制建设中的苏联法影响

An Exploration on the Legal System of Harbin in 1946-1948

    期刊名称：《法学研究》
    期刊年份：
    作者：孙光妍,郭海霞
    单位：黑龙江大学法学院;东北农业大学法学院
    中文关键词：苏联法;哈尔滨解放区;革命法制史
    英文关键词：the Soviet law;Harbin liberated area;revolutionary legal history
    中文摘要：
    根据哈尔滨市档案馆藏档案和其他原始资料，可以看到哈尔滨解放区民主政权的施政纲领、工商业保护与管理条例和劳动条例等都有了一定规模。这些法律法规体现出浓重的苏联法的影响，但也带有更多的中国特色。这与当时苏联红军进驻哈尔滨、广大干部的苏维埃情结、俄侨人口众多、紧迫的战争环境以及中国共产党人理论上的渐趋成熟等多种历史条件有关。哈尔滨解放区的法制建设是中国共产党由农村革命根据地法制建设转为城市法制建设的起点，是连接工农民主政权、抗日民主政权和其他解放区人民政权并进而影响新中国法制建设的重要一环。
    英文摘要：
    The Soviet law has had long and deep impact on the construction of Chinese revolution legal system. As the first big city liberated by Communist Party of China, Harbin provides a particular angle of view to explore the influence of the Soviet law on the construction and development of liberated cities by Chinese Communist Party.According to Harbin City Archives and other original data, Harbin’s administrative creed, commercial and industrial protection and management regulations and labor regulations had already a certain scale. These laws and regulations show that the legal system of Harbin liberated area was not only affected by the Soviet law, but also with many Chinese characteristics. For example, its democratic constitutional legislation evolved from worker-farmer regime to multi-classes united regime. As to its economic construction, Harbin liberated area took a variety of economic forms affected by the Soviet Law. Under the impact of the Soviet Union, its economic construction was regulated mainly by policies, and there was not clear difference between policies and legislations. In the area of labor regulations, the principle of protecting workers’ benefits had also been replaced by protecting both the workers and enterprises.The characteristics of the legal system of Harbin liberated area have relations with the Soviet Red Army’s occupation, cadres’ Soviet complex, many Russian nationals in Harbin, the urgency of the war environment and the maturity of Chinese Communist Party in theory, etc. The construction of the legal system of Harbin liberated area is the starting point of the construction of legal systems of Chinese Communist Party from rural to city, and it is also the important vinculum of connecting the worker-peasant democratic regime, the anti-Japanese democratic regime and other peoples’ regime of liberated areas. The construction of the legal system of Harbin liberated area was not only impacted by the Soviet law but also reflected the reality of China. It was an attempt of Chinese Communist party to combine the basic principles of Marxism-Leninism and the practice of the Chinese revolution legal system. The construction of the legal system of Harbin liberated area is an important transition of the construction of legal systems in Chinese revolution history.
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