Lenin’s Thoughts on Legislation, Judiciary and Compliance with the Law

Lenin’s exposition on the construction of Soviet legal system of proletarian dictatorship. The main contents are as follows: (1) After the working class seizes power, it is necessary to consolidate the political power by changing the ownership system and implementing the new constitution. Law belongs to the category of ideological relations reflecting social material relations, and is the irreconcilable product and manifestation of class contradictions. The equality, freedom and legal system of the bourgeoisie, including the system of universal suffrage and representative system, are deceptions and traps for the working people and are determined by the characteristics of capitalist economy. Law is also an instrument of rule of the power of the proletariat. The dictatorship of the proletariat needs the socialist legal system. The socialist legal system is a powerful weapon to suppress the enemy’s resistance and safeguard socialist democracy. It is also an important means to safeguard public ownership, equal labor and equal distribution rights, and an important means of economic management and economic construction. It is necessary to guarantee that all citizens directly participate in the management of the state by law (constitution), and that all citizens have the right to freely assemble, discuss their own affairs freely and influence state affairs through various organizations and newspapers. (2) Every representative of the masses and every citizen should be provided with conditions so that they can not only participate in the discussion of state laws, but also participate in the election of their own representatives and participate in the implementation of state laws. The socialist legal system is a summary of the practical experience of the dictatorship of the proletariat. In the legislative work, we should not only actively absorb what is beneficial to the interests of the working people in the literature and experience of other countries, but also embody the will of the proletariat and the working people under its leadership, consolidate and develop socialist political and economic relations, and firmly determine all the work of the government in the form of law. Lenin pointed out that the organizational principle of democracy, the advanced form of which was suggested and demanded by the Soviet Union, not only actively participate in the discussion of general rules, resolutions and laws, but also supervise their implementation, and directly implement these regulations, resolutions and laws. (3) The socialist legal system is unified. Lenin pointed out that if Russia does not resolutely implement the minimum conditions necessary for the establishment of a unified legal system of the whole Federation, there will be no maintenance of the civilized system and the creation of a civilized system. However, the principle and flexibility should be combined in the implementation of the law. The new regime promulgated laws in line with the requirements and wishes of the broad masses of the people, thus setting a milestone in the development of a new way of life. The Soviets in different regions could modify, add or supplement the basic regulations formulated by the government according to the local conditions. (4) Strictly enforce the law and abide by the law. Lenin stressed that all people must strictly abide by the law, and should not allow the existence of illegal and criminal acts or even minor violations of the law, the slightest act of disrupting Soviet order is a loophole that the enemy of workers can exploit immediately. State cadres and Party members, without any privileges beyond the state law, should take the lead in setting an example, implementing the law and acting in accordance with the law. According to Lenin’s initiative, “The Resolution on the Exact Compliance with the Law” was passed in November 1918, which requires all citizens of the Republic, all organs of the Soviet regime and all public servants to strictly abide by the laws of the Soviet Republic of the socialist Federation of Russia and the resolutions, regulations and orders issued by the central political organs in the past and at present. The resolution of the Eighth National Congress of the Russian Communist Party (Bolshevik) stipulated that the party should implement its own decisions through Soviet organs within the scope of the Soviet constitution. This is the iron rule of the relationship among the party, the government and the Constitution (Law) in socialist countries. (5) Judicial independence. In 1921, the Central Committee of the Russian Communist Party (Bolshevik) formulated “On the Relationship between the Party Organs and the Judicial Investigation Organs”, and stipulated in Articles 4 and 5 that “the judicial organs must deliver the party members awaiting trial to the personnel entrusted by the Party Committee for bail”, “The Party committee must reach a conclusion on the essence of the case within three days after introducing the case to it”, denying the independent jurisdiction of the judicial organ. Lenin pointed out that articles 4 and 5 are “harmful in my opinion”, and insisted on amending the relevant provisions that the judicial organs can not conduct independent trials on illegal and criminal Party members, so as to ensure that the judicial organs can exercise their functions and powers independently without any interference from any organ or individual. He solemnly reiterated to the provincial Party committees that the Central Committee would expel anyone who tried to “exert influence” on the courts in order to “reduce” the guilt of Communists. Lenin stressed the need to correctly handle the relationship between the party and the judicial organs, advocated that the party organs and Party members should take the lead in supporting the independent trial of the judicial organs, and strive to “eliminate the possibility of aggravating the conviction of Party members when they are handed over to the court for trial in ordinary criminal cases, and eliminate any possibility of using the position of the ruling party to make a lighter sentence”. (6) Strengthen legal supervision. In view of the question of what to use to ensure the implementation of the law, Lenin said: Firstly, to supervise the implementation of the law. Secondly, punish those who do not carry out the law. Socialist legal supervision is a matter of the whole society Special legal organs and the masses have the right and obligation to supervise the implementation of the law. It is suggested that the national procuratorial system should exercise vertical leadership from the top to the bottom to ensure that the procuratorates exercise their functions and powers independently without interference from any local authorities. Before Lenin’s death, he proposed to reorganize the workers’ and peasants’ inspection institute and combine it with the central supervisory committee of the party to enhance its prestige; to elect new supervisory committee members from the workers and peasants; the central supervisory committee members enjoy all the rights of the Central Committee members, and a certain number of people attend each meeting of the Political Bureau to facilitate correct decision-making.