Source: Fujian Higher People's Court
Reprinted from: Fujian Higher People's Court
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Clear arrest authority
In Gutian Conference Memorial Hall , the museum contains a "December 1933 New Invaders' Verdict Inspection Form" in Lianbin District, Daiying County, western Fujian, which lists the "crime summary" and "when and where to send or arrested", from which we can understand the origin of the system for the execution of the arrest at that time.
According to the provisions of the "Organization Outline of the State Political Security Bureau of the Soviet Republic of China" issued on January 27, 1932, the political security department is the subject of the arrest authority and has the unconditional arrest right . The Political Security Branch is responsible for filing cases, investigating, arresting and pre-trial, and then prosecuting a public prosecution in the court as a plaintiff. The Outline also lists some special circumstances, such as Article 9 mentions: "Other government agencies, Communist Party departments, Youth League departments and all revolutionary groups are not allowed to arrest and interrogate themselves... Unless in an emergency, if a counter-revolutionary or their organization is found to have riots or escape, other agencies and even the masses may automatically detain them to the Security Bureau, but it is only limited to arrest."
"State
Organizational Outline of the Political Security Bureau"
Soviet Anti-Counterfeiting Committee is an authoritative organ of the Soviet local temporary regime that combines three powers of public security, procuratorial and judicial system. According to the provisions of the "Interim Procedures for Handling Counter-Revolutionary Cases and Establishing Judicial Organs" issued by the Central Executive Committee in December 1932: The counties and districts that have been established for 6 months, but have not established branch or special commissioner of the State Political Security Bureau and have only established the anti-revolutionary committee. If a counter-revolutionary case is found, the anti-revolutionary committee must be approved by the provincial branch of the State Political Security Bureau before the criminals can be arrested.
The former site of the State Political Security Bureau
The county and district anti-counter-revolutionaries have organized riots, or the middle between the area and the provincial and Soviet Union is separated by white areas, or at the border between the red and white where counter-revolutionaries are prone to escape, or in the case of particularly urgent enemy attacks, it is too late to report or cannot report to the provincial branch of the State Political Security Bureau, but the county and district anti-counter-country committees that have already grasped sufficient evidence have the power to decide to arrest.
also stipulates that in the new development area, that is, when the Soviet regime has established less than 6 months ago, the struggle between the local masses and the landlords and gentry is in a very tense moment. The county anti-counterfeiting committee and the specially designated district anti-counterfeiting committee have the right to decide to arrest and interrogate counter-revolutionaries after obtaining the consent of the county or district Soviet executive committee.
Effectively combat criminals
In order to improve judicial efficiency, since June 1932, prosecutors in the Judicial Department "discovered that there were illegal acts, such as in cases where the case must be arrested in advance before prosecuting, the prosecutor has the right to arrest the person who violated the law first", but " for arresting criminals must be approved by the president of the court . After the arrest, the criminals in the criminal case will be detained, and the collected materials will be submitted to the pre-trial section."
Regarding the arrest authority in the army, the "Interim Organization Regulations of the Military Judiciary of the Soviet Republic of China" issued on February 1, 1932 pointed out: "If the political commissar of commanders at all levels finds evidence of illegal acts in the army, they can arrest the prisoners and send them to the military inspection center for inspection."
As the fifth anti-"encirclement and suppression" situation became increasingly severe, some counter-revolutionaries were in rampant activities. The "Judicial Procedures of the Chinese Soviet Republic" released on April 8, 1934 expanded the arrest power , stipulating that "the special commissioners of the District Security Bureau, the District Judgment Department, the District Anti-Counterfeiting Committee, the Civil Police Bureau, and the Labor Court all have the right to arrest counter-revolutionaries and other prisoners who should be arrested. In the past, the provisions that districts cannot agree to the superiors cannot arrest people should be abolished." It is also stipulated that: "When an emergency occurs, the township Soviets, municipal and district Soviets, township revolutionary committees, and municipal and district revolutionary committees have the right to capture counter-revolutionaries and other important prisoners as long as they are supported by local revolutionaries. After being arrested, they are sent to the district-level anti-counter-referee authority."
Letters from the Anti-Counterfeiting Committee
The clear and effective improvement of the judicial system of the Central Soviet Area, and provided an effective reference for further standardized judicial procedures thereafter.
The Republic's rule of law comes from here
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Clear the arrest permissions in accordance with the law Audio: 00:0005 :41
July 2021
On the occasion of the 100th anniversary of the founding of the Communist Party of China
Fujian Higher People's Court
Fujian Broadcasting and Film Group Media Information Center
Fujian News Broadcast
Jointly launches 100 episodes of historical impression
"The Republic's rule of law comes from here"
tracing the 1920s and 1930s
How did the western Fujian Soviet Area give birth to the red rule of law
created many firsts in the history of the rule of law construction of our party
became the "rule of law cradle" of the Republic
listen to a thunderbolt breaking chaos
watch blood stain red flag casting the law soul
... ...
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