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The Common Program: A Monumental Work of Legal Civilization in New China

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The History of Chinese Legal Civilization

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Abstract

On September 21, 1949, the First Plenary Session of the Chinese People’s Political Consultative Conference was held and Gong Tong Gang Ling (the Common Program) was adopted as the provisional constitution and used as the fundamental law of the state at the beginning of the founding of the People’s Republic of China (PRC). Under its guidance, the legal system was established at the beginning of the founding of the People’s Republic of China by making a series of legislation, which had guaranteed the operation of the state apparatus, the stability of the social order, and the normal work and life of the people. Gong Tong Gang Ling (the Common Program) not only played the role of the provisional constitution, but also laid a solid foundation for the legal civilization of the new China.

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Notes

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    Mao Ze Dong Xuan Ji (The Selected Works of Mao Zedong), Vol. 5, The People’s Publishing House, 1877, p. 128.

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    Mao Zedong, “Guan Yu Zhong Hua Ren Min Gong He Guo Xian Fa Cao An” (On the Draft of the Constitution of the People’s Republic of China) in Jian Guo Yi Lai Mao Ze Dong Wen Gao (The Works of Mao Zedong since the Founding of the People’s Republic of China), Central Party Literature Press, 1990, p. 506.

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  37. 37.

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  38. 38.

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  39. 39.

    Zhong Yan Ren Min Zheng Fu Fa Ling Hui Bian (Collections of the Decrees by Central People’s Government), 1951, People’s Publishing House, pp. 79–85.

  40. 40.

    Zhong Hua Ren Min Gong He Guo Zui Gao Ren Min Jian Cha Shu Zan Xing Zu Zhi Tiao Li (The Temporary Regulation on the Organization of the Supreme People’s Procuratorate of the Central People’s Government) (adopted at the 12th session of the Central Committee of the People’s Government on September 3, 1951) and Ge Ji Di Fang Ren Min Jian Cha Shu Zu Zhi Tong Ze (The General Rules for the Organization of the People’s Procuratorate at All Local Levels) (adopted at the 12th session of the Central Committee of the People’s Government on September 3, 1951) in Beijing Municipal Government Bulletin, Vol. 3, No. 6, pp. 5–8.

  41. 41.

    “Zhong Gong Zhong Yang Pi Fa Zui Gao Ren Min Jian Cha Shu Dang Zu Guan Yu Jian Cha Gong Zuo Qing Kuang He Dang Qian Jian Cha Gong Zuo Fang Zheng De Yi Jian De Bao Gao Ji Zhong Yang Zheng Fa Wei Yuan Hui Dang Zu De Jian Yi” (The Chinese Communist Party Central Committee’s Approval of the Report on the Opinions on Prosecution Work and the Current Prosecution Guideline as well as Central Politics and the Suggestions of the Chinese Communist Party Branch of the Commission of Legislative Affairs submitted by the Chinese Communist Party Branch of the Supreme Prosecutors’ Office) (March, 1954), Jian Guo Yi Lai Zhong Yao Wen Xian Xuan Bian (The Selections of Important Documents since the Founding of the People’s Republic of China), V.4, Central Party Literature Press, 1993, p. 253.

  42. 42.

    Please see Ren Min Ri Bao (People’s Daily), September 29, 1954.

  43. 43.

    Please see Zhong Guo Si Fa Zhi Du Zi Liao Xuan Bian (The Selected Materials of the Judicial System of China), The People’s Court Press, 1987, pp. 167–168.

  44. 44.

    Please see “Zheng Wu Yuan Guan Yu Jia Qiang Ren Min Si Fa Gong Zuo De Zhi Shi (The Instruction of the Government Administration Council on Strengthening the People’s Judicial Work) (November 3, 1950) in Zhong Yan Ren Min Zheng Fu Fa Ling Hui Bian (Collections of the Decrees by Central People’s Government) (1949–1950), The People’s Publishing House, 1952, pp. 179–180.

  45. 45.

    Please see Ren Min Tiao Jie Zi Liao Xuan Bian (Selections of the Materials of the People’s Mediation Work), compiled by Library and Reference Room of the Institute of Science of Law of China Academy of Social Sciences, Mass Publishing House, 1980, pp. 1–2.

  46. 46.

    Wu Lei (edited), Zhong Guo Si Fa Zhi Du (The Judicial System of China), Renmin University of China Press, 1988, p. 305.

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    Jinfan Zhang

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Zhang, J. (2020). The Common Program: A Monumental Work of Legal Civilization in New China. In: The History of Chinese Legal Civilization. Springer, Singapore. https://doi.org/10.1007/978-981-10-1032-3_17

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  • DOI: https://doi.org/10.1007/978-981-10-1032-3_17

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