【作者】 欧阳华；

【导师】 郭成伟；

【作者基本信息】 中国政法大学 ， 法律史， 2011， 博士

【摘要】 本文以陕甘宁边区锄奸反特法制为研究对象,结合抗日战争的历史环境,通过广泛搜集第一手资料,运用史料分析、比较研究、法理论证的方法,系统深入探讨边区锄奸反特法制的历史演变过程,期望从特定的视角管窥其丰富内涵和发展规律。党中央制定了宽严相济的锄奸反特政策。镇压与宽大相结合,打击首恶,争取协从,废止肉刑,重证据不轻信口供,对汉奸特务区别情况分别对待,对罪大恶极的汉奸特务给予坚决打击,对愿意悔过自新的汉奸特务给以出路,增加了人民的抗日力量。行政组织立法为建立党、军队、政府、群众四位一体的锄奸反特机构服务。构建了严密的锄奸网络,党中央社会部是锄奸反特的决策与指挥机关,政府是贯彻实施的主要机构,军队是政府和民众的坚强后盾,民众是基本依靠力量。侦查法制以对汉奸特务的侦查逮捕审讯为重点。以秘密的调查研究的方法,把打击罪大恶极的汉奸特务放在首位,侦破重大汉奸特务案件与侦破一般犯罪案件相结合,集中打击与专案侦破相结合,发现与破获混入我党政军的汉奸特务,保障了边区机密及政权的巩固。刑事法制以对汉奸罪的认定和刑事处罚为核心。从惩治汉奸罪着手,重点介绍了《惩治汉奸条例》等刑事法规和刑罚制度,陕甘宁边区的刑事立法,绝大部分是惩治各种刑事犯罪的单行条例,分为特种刑事犯罪和一般刑事犯罪两大类,为惩治汉奸特务提供了刑法依据。经济法制为保障抗战服务。边区将财政经济纳入法制轨道,建立光华银行发行边币,执行独立自主的货币政策,禁止法币在边区流通,严禁物资资敌,严格军需品管理,保证部队、机关给养与战时军需,全面保障了抗日战争的胜利。取得了历代封建王朝和国民党政府无法比拟的成就。锄奸反特法制以保护社会各阶层的利益为重点,以党的政策为指引,制定颁布了大量的法律法规,具有鲜明的新民主主义法律特征,以法律手段惩治汉奸特务的犯罪行为,做出了艰难而卓有成效的探索。综上得出以下结论:一、必须坚持共产党的领导,二、专业队伍是锄奸工作的科学保障,三、分清两类矛盾性质,四、群众路线与专门机关相结合,这是边区锄奸反特法制值得今天汲取的历史经验。更多还原

【Abstract】 Taking the Anti-Espionage legal system in the Shaanxi-Gansu- Ningxia Border Region as the special object, this dissertation systematically explores the historical evolution of anti-espionage legal system in the border by collecting the first-hand materials, as well as applying the methods of historical analysis, comparative study and legal argument, for the purpose of exploring the profound connotation and the development of the Anti-Espionage legal system from a particular perspective.The Central Committee of Chinese Communist Party adopted scientific policy of anti-espionage with a combination between suppression and leniency. Beating the chief criminials while winning over the intimidated, the policy repealed corporal punishment and put stress on the policies of evidence-based guidelines. Distinguished from a realistic situation, the chief crininals had been taken strong measures against, while those who were willing to repent had been treated with leniency, which had greatly broaden the Anti-Japanese national united front camp and growth of the Chinese people’s Anti-Japanese forces.The executive legislation served the anti-espionage organization which was made of the party, the army, the government and the multitude. The Social Department of the Central Committee was the organization to decide and command; the government was the main organization to implement; the army was the strong backing for the government and the public; the public was the power to rely on, and the four members of the party, the government, the army and the civilian had formed a special joint system of counter-espionage network.Investigation focused on detecting, arresting and pre-trialing the traitor spies. Taking the method of secret investigation, investigators put ahead the striking of chief criminals while balancing the detection of major spy cases and the general detection of traitors, as well as following the combination of focusing on combating detection so as to find those espionages that were mixed in my party and to protect the confidentiality and border consolidation of political power.Identification of the crime of Chinese traitor and criminal punishment were the core work. Started with punishment of traitors, the rules and the penalty system in the Code of Punishment of Chinese Traitors was highly introduced. The criminal legislation in the region was largely in the form of separate edition including special crimes and common crimes, taking anti-traitors as the stress, which provided the legal bases for the punishing traitors.Economic legal system has a distinct characteristic of wartime economy. The border added the financial and economic legislation into the legal system, while establishing GuangHua banks to issue currency and implementing independent monetary policy to prohibit legal tender in circulation in the Border Region so as to combat supplies the enemy capital, strictly manage munitions to give ensure to troops, agencies and wartime military supplies. This had strongly supported the victory of the war.It had made imcomparable achievements that no feudal dynasties and the KMT governments in Nanjing had ever made. Anti-espionage law considered the anti-Japanese united front as the general policy, the party’s policy as the soul, which had distinctive features of democratic law. The border promulgated a number of laws and regulations, trying to use policies and laws to punish espionages. It made difficult but fruitful explorations, which was the legal gurantee for the victory of the Anti-Japanese War.Based on the above analysis and demonstration, three conclusions as following: Firstly, it must adhere to the absolute leadership of the Communist Party. The secondly one is to have a strong team of professionals, dedicated staff. Thirdly, to correctly distinguishing two kinds of contradictions that have different property. The most important one is to promote democracy and implement the mass line. This is what should be learnt from the historical experience of anti-espionage law in the border today.更多还原