Xie Juezai is one of the "Five Elders of Yan'an", and in his decades of magnificent revolutionary career, "the founder of the rule of law in New China" is an important identity for him. In the process of carrying out the construction of the rule of law, he mostly used poetry to express his aspirations and poetize people, and used poetry to record his mental journey of exploring and practicing the construction of the rule of law. This year marks the 140th anniversary of Xie Jueya's birth, and rereading his poems on the theme of the rule of law will not only help us further learn Xie Juezai's spiritual qualities, but also help us look back on the arduous process of the party's leadership in the construction of the rule of law, and better absorb the wisdom of the rule of law contained in them.
"Bumpy should remember the hardships of the people's livelihood, and the world will be uneven early." Xie Juezai has been engaged in legislative work for a long time, and many poems record his concept of the rule of law that always puts the difficulties, opinions, and demands of the masses in an important position in legislative work.
In 1948, Xie Jueya was transferred from Linxian County, Shanxi Province to Pingshan, Hebei Province with the Central Legal Committee. At that time, it was not long after the promulgation of the "Outline of China's Land Law", and it coincided with the spring ploughing season. In Xie Jueya's view, the reasons for these difficulties are not only natural disasters, but also factors such as unreasonable distribution methods and rules in land legislation. In order to make the land legislation really help the masses, Xie Juezai, who is already in his 60s, ignored the fatigue of traveling overnight, conducted in-depth investigation and research, summed up experience, and reported the information collected along the way to the party Central Committee, which finally promoted the improvement of the land reform policy and allowed the peasants to receive land as soon as possible.
Although this matter is solved, it brings long-term thinking. "The bumps went through 100 miles yesterday, and now it seems like waking up from sleep. In Xie Jueya's view, the people have suffered too much, and legislation is the basic work to ensure the realization of the people's rights, even if there are ups and downs, we must persist in serving the people, and we must be determined to implement this concept in the future legislative work.
After the founding of the People's Republic of China, when Xie Juezai conducted research and investigation, the masses reported that some grassroots cadres cut down trees without approval, depriving the peasants of the material basis on which they depended for their survival and harming their interests. In order to solve this problem, he not only wrote poems to affirm the spontaneous behavior of some peasants in protecting the forest, "the old peasants protect Langyu with their lives, love the society and care for the phoenix, and kill the county and township cadres, and come to see the bamboo shoots in the late spring", but also told the local cadres that it is not difficult to maintain the young forests, and used his own experience of planting trees in Beijing into the poem, "planting trees four years ago, supporting the sparse and the house; listening to the birds' singing at the top of the trees, watching the chickens roosting at the bottom of the trees; the dense leaves and windows are moisturized, and the desire for many branches is low; and the cool is heavy in the evening, and they sit until the west of the moon", encouraging them to plant trees and restore the mountains and forests. At the same time, Xie Juezai also actively carried out legislative research and promoted forest protection legislation. In 1962, after seeing the harm caused by sandstorms to the production and life of herdsmen during his research in Inner Mongolia, he became more aware of the importance of protecting vegetation and planting trees. Trees should not last for 10 years, but the plan should be 100 years old", forest protection needs everyone's participation, "as long as the call is right, everyone will be conscious". Under the active promotion of Xie Juezai and others, the "Regulations on Forest Protection" was officially promulgated and implemented by the State Council in May 1963.
"The difference between a thought is a millimeter, and the difference is a thousand miles." In the summer of 1942, Xie Jueya, Zhu De, Lin Boqu, Xu Fanting and others wrote poems, during which they used the low-level people in "Strange Tales from Liao Zhai" to be oppressed by the bureaucracy and could only turn into ghost foxes to redress their grievances as an allusion, and wrote a poem "Sit quietly and watch the clouds, talk about the ghost fox; the breeze urges you to take a nap, and the strange book falls on the chairside" to express the judicial injustice in feudal society, which the Communist Party of China will strive to put an end to after it takes full power.
In April 1959, after Xie Jueya was appointed president of the Supreme People's Court, he began to fulfill his oath and made the prudent trial of every case the first step towards achieving judicial justice. To this end, he demanded that a complete file be attached to every case submitted for approval, stressing that "it is very important to get to the bottom of the facts." He often worked late into the night and often suffered from insomnia. In August 1959, Xie Juezai, who had difficulty sleeping because of the all-night trial of the case file, wrote down his thoughts and thoughts during that period in a poem. "It's not my wish to be sleepy, but when I wake up. The four walls of the tour are quiet, and a light is known. After work, he thinks about it, and Zhang Duo is not easy to relax. Although the heavy work makes Xie Jueya, who is over seventy years old, tired, the responsibility on his shoulders makes him dare not slack off, and improving the quality of case handling and adhering to the rule of law concept of impartial justice have become an important driving force to support his hard work.
Thanks to the efforts of Xie Jueya and others, some unjust, false and wrongly decided cases have been corrected, such as the Yunnan toadstool case and the Gansu doctor case. Through these cases, he repeatedly admonished the adjudicators: "Judging from the number of unjust, false and wrongly decided cases, it is only a small minority, accounting for only a few percent, but for a person who has been unjustly convicted, it is not a few percent, but 100 percent," and asked the case-handling personnel to treat each case with prudence. In order to enhance the educational effect, Xie Juezai used the Yue Opera "Rouge" as an allusion and wrote the poem "Watching the Yue Opera 'Rouge'". "The difference between a thought is a millimeter, and the difference is a thousand miles. The drama "Rouge" is a miracle needle, and the viewers are happy to enlighten and correct deviations", Xie Jueya used the story of "Rouge" to return the defendant's innocence after three trials, warning and encouraging the adjudicators to be prudent in justice.
"Prosperity of branches and leaves before cultivation, use of difficulties to see talents". During the War of Liberation, Xie Jueya realized the importance of scientific law enforcement. In October 1947, when he reported to the Party Central Committee on the work of the Central Law Committee, he talked about the fact that some grassroots law enforcement personnel did not comply with judicial procedures, which affected the effectiveness of the rule of law. Mao Zedong said to him: "The problem in the future is not on the outside, but on the inside, not on the enemy's side, but on one's own side." Xie Juezai benefited a lot from these words, and he wrote that night that "magic comes from the ordinary, and change is never easy to come by." The situation is clear, and there is no disaster to do. Prosperity of branches and leaves first cultivates the foundation, and the use of difficulties to see talents. It is another new atmosphere, and the operational planning and planning committee will be reopened." It is used to record this conversation on the issue of law enforcement, and also to encourage oneself to start from the basics and strive to achieve scientific law enforcement after the founding of New China.
However, after the founding of New China, there were many difficulties in achieving this goal, on the one hand, there was a shortage of political and legal workers after taking over the nationalized regions; on the other hand, political and legal workers did not have enough legal literacy to meet the new needs of the construction of the rule of law. However, none of this shook Xie Jueya's determination and confidence. He believes that improving the quality of the political and legal contingent is the key to solving these problems. He used the short phrase "be bold, be small, be strong, and be skillful." diligent study, diligent review, many advantages, few disadvantages" to encourage political and legal workers, suggesting that they "think about any work they do, and even more so when doing political and legal work", and "study hard and practice hard to find out a law", but they should not rush to achieve success. In May 1962, at the meeting of political and legal party members and cadres in Inner Mongolia, he vividly explained this truth with the poem "Minus the Magnolia". He pointed out that in studying the rule of law, it is necessary to follow the law and build a solid foundation, "learning is like planting a tree, the branches and leaves are supported and the roots must be solidified, and after 10 years of hard work, everything can be understood from the source"; it is also necessary to establish a belief in the rule of law and integrate it into ordinary work, "where to keep it, look up and think about it, do not help and do not forget, the national law and the people's affairs are always the same." Xie Juezai also admonished political and legal workers to maintain flesh-and-blood ties with the masses, "political affairs and public affairs should be kept in common with each other, and the clouds are swept away in a short distance, and Chang'an is as far away as a door." Without the trust and support of the masses, it is difficult to achieve scientific law enforcement.
"Life is equal to a small dust, in the years of suffering, the rest of the skin is returned to the land; if there is no great reform in the world, since this life and death, what is the interest in the world", although this elegiac couplet is Xie Jueya's gift to his deceased relatives, but it is his life's dedication to social change, the pursuit of social progress of the ambition. Among the more than 1,500 poems he left behind, the chapters on the construction of the rule of law fully demonstrate his thinking and practical trajectory of striving to promote the reform of the rule of law, and are one of the contents that best reflect those aspirations.