The Establishment of a Legal System In Anti-Corruption Campaigns in the Early Days of The New China
32 Pages Posted: 27 Oct 2015
Date Written: October 31, 2014
Opposite to the mainstream academic view that little attention was paid to legal system building in the anti-corruption campaigns in the early stage of the People’s Republic of China (“New China”), this article focuses on not only the mass movement but also the establishment of a legal system in that period. Supported by numerous historical data, this article argues that a fundamental legal system for anti-corruption has actually been built in the early years of the New China. The Party Central Committee, Government Administration Council (renamed State Council), Discipline Inspection and Supervision Departments, and political-legal departments enacted and enforced a complete set of preliminary anti-corruption regulations and provisions conforming to the national conditions. Accompanying discipline inspection and supervision system and judicial system were also built. Criminal laws, administrative rules and regulations at that time all embodied the goal to combat corruption.
When studying anti-corruption campaigns in the early days of the New China, some scholars ignored the establishment of the laws and regulations and considered the mass anti-corruption campaign to be legal nihilism, asserting that what Chairman Mao was constructing was “rule of the masses under the concept of rule of man,” and “the legal system was never considered as the basic policy and practice.” In fact, the truth is completely contrary to what these scholars believed. Shortly after its establishment, the New China enacted and enforced a complete set of disciplines for management, politics, and finance. She also promulgated criminal regulations and established a judicial and supervisory system to suppress corruption.
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