This series of measures taken during Khrushchev's period had a certain historical background. As we all know, the Soviet Union under Stalin has made great achievements in the socialist revolution and socialist construction, but it has also made many serious mistakes in its work. One is to eliminate counter-revolutionaries, expand counter-revolutionaries, violate the legal system, and wronged many cadres and the masses. There are various reasons for this mistake. At that time, there was an error in the estimation of the situation of class struggle in the guiding ideology, and it was believed that the more we moved forward to socialism, the sharper the class struggle would be. The state security organs responsible for eliminating counter-revolutionaries are too powerful to be supervised by the party and the state, and the functions and powers of procuratorial organs and judicial organs are restricted and weakened. At that time, the legislation was too strict on the criminal responsibility of some illegal acts, and many important legislation was not revised and formulated in time, which was not perfect enough; All these problems were exposed immediately after Stalin's death, especially after the collapse of beria. According to some materials, at that time, "millions of appeals were piled up in the court, demanding retrial of the cases of people still detained in prisons and concentration camps, or relatives demanding the rehabilitation of the deceased." [1] People have seen that it is imperative to carry out some reforms in the legal system.
In this case, during Khrushchev's period, the Soviet Union put forward the slogan of "strengthening the legal system" in view of the mistake of eliminating revolutionaries and expanding them, and repeatedly emphasized it. On April 6, 1953, when the "doctor case" was rehabilitated, Pravda published an editorial entitled "The socialist legal system in the Soviet Union is inviolable", condemning the state security organs for violating the legal system and abusing their powers. 1955 On April 12, Pravda published an editorial entitled "Further Strengthening the Socialist Legal System", accusing beria and others of persecuting innocent people by terrorist means and emphasizing the adoption of major measures to strengthen the legal system. 1956 In February, Khrushchev further emphasized "strengthening the legal system" at the 20th Congress of the Soviet Union. He accused beria of trying to "put the state security organs above the party and the government" and "created a lawless and arbitrary state", claiming that "the CPC Central Committee attached great importance to strengthening the socialist legal system in the past and now". While emphasizing "strengthening the legal system", Khrushchev and others took the following practical measures.
First, rehabilitate the reputation and release the prisoners.
1. Rehabilitation and rehabilitation
Shortly after Stalin's death, the work of "restoring reputation" began. On April 4th, 1953, the Ministry of Internal Affairs issued a circular, announcing the rehabilitation of the "doctor case". 1954, the Central Committee of the Soviet Union set up an investigation committee, specializing in the work of restoring reputation. During the period of 1954- 1955, our committee rehabilitated more than 1000 people. After the 20th Congress of the Soviet Union, a large-scale rehabilitation work was carried out. They re-examined all the cases since the 1930s. 1On May 4th, 957, Coudrie Yavtsev, Deputy Procurator-General of the Soviet Union, said in a meeting with American scholars: "In the past twenty-five years, all the cases of people sentenced to prison have been re-examined or are being re-examined, including those who have been released or died, so that their reputations have been completely restored. A special committee of the Supreme Soviet sent representatives to various reform-through-labour institutions, and they had every right to rehabilitate prisoners locally without consulting Moscow. "
2. Amnesty and early release of prisoners
While caring about fighting and restoring reputation, the Soviet Union also concentrated on three amnesties. The first time was on March 27th, 1953, which granted amnesty to criminals who did not pose great danger to the country. This amnesty released most prisoners, including all prisoners sentenced to less than five years' imprisonment for political crimes. The second time was 65438+1September 955 17. During the Great Patriotic War, "those Soviet citizens who were lured into colluding with the occupiers because of cowardice or low consciousness" were pardoned, and it was stipulated that "those sentenced for serving in the German army, police and German special forces will be released regardless of the length of their sentences". The third time was in 1957, 1 1.2, and there were no criminals who committed serious crimes against the country.
In addition to amnesty, measures have been taken to release prisoners in advance. For example, according to supreme soviet of the ussr's law 1954 of April 24th, prisoners who commit crimes under 18 can be exempted from future punishment or have their sentences shortened in advance after serving more than13. In July of the same year, Law 14 stipulated that after serving more than two-thirds of the sentence, you can be released on parole or use other lighter punishment measures instead of deprivation of liberty.
How many prisoners were released? The Soviet Union did not publish figures. It is estimated that only three amnesties have "exempted millions of people from punishment". [2] According to the above-mentioned statement made by the Deputy Attorney General of the Soviet Union in May 1957, after the death of the Soviet Union (excluding the third amnesty), Stalin has released more than 70% of the prisoners, and two-thirds of the reform-through-labour camps in Siberia have been dissolved. At present, the proportion of political prisoners is less than 2%. [3]
Second, rectify the state security organs.
1. Change cadres
From 1953 to 1955, the Soviet Union executed a group of former senior cadres of the Ministry of Internal Affairs and the Ministry of National Security, with more than 20 people. Khrushchev appointed new people to take over the important positions left by these people. Most of the original ordinary cadres also left the national security department. The old people arranged for retirement, and the young people delegated to the grassroots to do other work. In addition, a large number of personnel have been selected from party organizations to enrich the national security department. Shelepin said at the 22nd Congress of the Soviet Union: "The state security organs have been reorganized, the number of institutions has been greatly reduced, some functions that are not their own duties have been cancelled, and those who pursue fame and fortune have been eliminated. The party sent a large number of party, Soviet and youth league staff to work in these institutions. "
Step 2 restrict power
The Soviet Ministry of Internal Affairs had many judicial privileges. There are two main types: one is called "special meeting" and the other is called "special procedure". The "special meeting" of the Ministry of Internal Affairs is a special institution without litigation. It was established according to the resolution of the Soviet Central Executive Committee and People's Committee19341KLOC-0/.5. It has the right to arrest people who are considered to be "harmful to society" and impose penalties such as exile, expulsion and imprisonment. The "special meeting" of the Ministry of Internal Affairs also has corresponding institutions in various border areas and States-"three-person group". 1953, 1 In September, the Soviet Union issued a decree to cancel the "special meeting" of the Ministry of Internal Affairs, and instructed the court to investigate the cases pronounced by this institution in the past and release or reduce the punishment of the prisoners. Since then, it has been stipulated that criminal measures shall not be taken against those who commit such crimes without a court decision.
The resolutions of the Central Executive Committee of the Soviet Union: 1934, 12, 1 and 1937, 14 also stipulated in September that "special procedures" could be adopted for the investigation and trial of state crime cases. It stipulates that the investigation will end within ten days; The indictment was delivered to the defendant one day and one night before the trial; There is no need for the parties to appear in court to hear the case; No appeal; Those who are sentenced to be shot will be executed immediately after the verdict. 1956 19 In April, the Soviet Union issued a decree to cancel this "special procedure" and stipulated that the investigation and trial of state crime cases should also follow normal procedures.
3. Adjusting device
In the Soviet Union, state security organs sometimes exist independently and sometimes belong to the Ministry of Internal Affairs. After Stalin's death, the Soviet Union merged the Ministry of National Security and the Ministry of Internal Affairs into the Ministry of Internal Affairs, with beria as the minister and very centralized power. After the disintegration of beria, the Soviet Union split the Ministry of Internal Affairs in two again, and established the National Security Council (KGB) in March 1954. After the separation, the Ministry of Internal Affairs became an institution that only maintained social order, and its power was greatly reduced. /kloc-in the autumn of 0/956, the bureau directly under the Ministry of Internal Affairs and the state police stations in the border areas were reorganized into the internal affairs bureau of the Soviet Executive Committee of the working people's representatives in the state (border areas), which was under the dual leadership of the Ministry of Internal Affairs and the Soviet Executive Committee at that time, instead of being led only by the Ministry of Internal Affairs as in the past. This broke the "independent kingdom" of the Ministry of Internal Affairs and strengthened the supervision of the party and government organs on the internal affairs system. 1960 65438+ 10 13, the Ministry of Internal Affairs of the Soviet Union was simply abolished and its functions and powers were transferred to the Ministries of Internal Affairs of participating countries. 1On August 30th, 962, the Russian Federation renamed the Ministry of Internal Affairs as the Ministry of Social Security, and the border area and state internal affairs bureaus as the Social Security Bureau. Other ministries of internal affairs that joined the Republic of China and border state internal affairs bureaus have also changed their names.
As for the newly established "National Security Council", although it later developed into a huge spy organization and played the role of secret police, its status and authority still failed to catch up with the former Soviet Ministry of Internal Affairs. It must accept the guidance and supervision of the party and the government, and it cannot cover the whole judicial process of arrest, investigation, trial and execution of judgments. It is no longer above the party and the state as it used to be. Serov, the first chairman of the National Security Council, said that after the beria incident, the Soviet Union "fundamentally changed the state security organs and ended the state of lawlessness". [4]
Third, improve the judicial system.
1. Restore the functions and powers of the procuratorial organs.
During Khrushchev's period, the status and authority of procuratorial organs changed greatly. In the past, although the constitution stipulated the supervision power of the procurator-general, it was weakened. In fact, the supervision of procuratorial organs over internal affairs organs and state security organs has been abolished. There is not even an all-union legislative document that stipulates the rights and obligations of procuratorial organs; After the beria incident, Soviet leaders saw this problem, and on May 24, 1955, 1955, they promulgated the supervision regulations of the Soviet Attorney General. The regulations stipulate the rights and obligations of procuratorial organs and the principles and methods of procuratorial work. It stipulates that procuratorial organs should supervise whether all organs, public officials and Soviet citizens accurately abide by the law. It also specifically stipulates that the activities of state security organs should be supervised, "so that no citizen will be investigated for criminal responsibility illegally and without foundation, or his rights will be illegally restricted", and "no one shall be arrested unless the court decides or the procurator-general approves". The promulgation of this regulation has enhanced the prestige of procuratorial organs and restored and expanded their functions and powers.
2. Strengthen the judiciary and expand the power of local courts.
Canceling the "special meeting" of the Ministry of Internal Affairs and stipulating that only the court can make a judgment is itself one of the important measures to strengthen the judicial organs. In addition, the Soviet Union has taken many other measures.
First, unnecessary specialized courts should be abolished. In September 1953, 1 1, the Soviet Union issued a decree to cancel the military court of the internal affairs forces. In February 1957, 12, the traffic court was abolished and its functions and powers were divided into local courts at all levels.
The second is to set up a presidium in the courts of countries and States that have joined the WTO to hear cases on the spot in accordance with the supervision procedures. 1August 4 1954 stipulates that the Presidium shall be established in the courts of autonomous regions, border areas and the state, thus "making it possible for the vast majority of cases to be finally closed in the courts of autonomous regions, border areas and autonomous regions". [5]
Third, abolish the Soviet Ministry of Justice and state judicial bureaus. On May 3, 65438+ 1956, the Ministry of Justice of the Soviet Union was revoked by decree, and its functions and powers were transferred to the Ministry of Justice and the Supreme Court of the Soviet Union. 1On August 4th, 956, a decree was issued to cancel the judicial bureaus in the border regions and authorize the courts in the border regions to inspect and supervise the activities of the people's courts.
Fourth, clarify the responsibilities of the Supreme Court of the Soviet Union. The Regulations of the Supreme Court of the Soviet Union promulgated on February 12, 1957 stipulates that the Supreme Court of the Soviet Union has the right to give guidance on the problems in trial practice and try cases in accordance with the supervision procedures. However, it can't hear all cases as before, but only cases that have been tried by the Supreme Court of People's Republic of China (PRC). [6] All these measures have strengthened the judiciary and expanded the power of local courts.
3. Rebuilding the lawyer system;
In the past, the status of lawyers was weakened and their rights were restricted. Lawyers are often punished for defending citizens. After the 20th Congress of the Soviet Union, the role of lawyers was improved, allowing lawyers to participate in criminal investigation. 1962 On July 25th, the Russian Federation promulgated the Constitution of the Soviet-Russian Lawyers Association, which stipulated the organizational form and principles of the lawyers association, as well as the rights and obligations of lawyers.
Fourth, amend laws and improve legislation.
During Khrushchev's period, the Soviet Union reviewed many past legislations, some of which were abolished and some were amended. Its content mainly includes two aspects: one is to reduce the criminal responsibility of minor violations; The first is to intensify the crackdown on dangerous crimes. At the same time, a series of new laws and decrees were promulgated, especially the legislative outline of the whole alliance.
1. Amend laws and regulations to cancel or reduce the criminal responsibility of some illegal acts.
1The Amnesty Decree of March 27th, 953 stipulated that criminal legislation should be amended to change the criminal responsibility of some less dangerous criminal acts into administrative and disciplinary sanctions, so as to reduce the criminal responsibility of some criminal acts. According to this spirit, the Soviet Union revised a considerable number of criminal laws in a few years, and cancelled or reduced the criminal responsibility of some illegal acts. For example, the criminal responsibility of pregnant women for abortion, taking trucks without authorization, selling, exchanging and misappropriating equipment and materials has been abolished. Among them, the most influential is the decree of1April 25, 956, which stipulates to cancel the legal responsibility of employees' voluntary resignation and absenteeism without justifiable reasons. At the same time, the criminal responsibility of collective farm workers to complete the minimum number of working days and urban workers to escape the mobilization of agricultural work was abolished. 65438+ 1. 0956 In September, the Council of Ministers of the Soviet Union made a resolution to cancel the stipulation that arrest is a punishment measure from the Regulations on Discipline of Railway, Maritime, River Transportation and Civil Aviation Staff and the Regulations on Fishery Supervision.
1959 After the second1Congress of the Soviet Union, the Soviet Union further emphasized the preventive and educational measures for minor violations. Shelepin said at the 2nd1th Congress of the Soviet Union that social organizations should be considered to "bail those who have gone astray and committed minor crimes, so that they have the opportunity to turn over a new leaf in the collective without serving their sentences."
2. Formulate laws and regulations to intensify the crackdown on dangerous crimes.
While reducing the criminal responsibility of some illegal acts, they have increased the criminal responsibility of dangerous criminals by amending and enacting laws, especially expanding the scope of application of the death penalty. With regard to the death penalty, the Soviet Union has a process from abolition to restoration and even expansion of its scope of application. 1947 On May 26th, a decree was issued to abolish the death penalty in peacetime. 1950 65438+ 10 12 issued a decree, allowing the death penalty to be applied to traitors, spies and counter-revolutionary saboteurs in the motherland as the highest penalty law. 1On April 30th, 954, another decree was issued, which extended the scope of application of the death penalty to homicide with particularly serious circumstances. 1960 promulgated the Soviet Criminal Code, which further expanded the scope of application of the death penalty, stipulating that the death penalty can be applied to "crimes of betraying the motherland, espionage, terrorist activities, armed sabotage, armed gangs", "murder with particularly serious circumstances" and "other particularly serious crimes".
In the year or two after the 21st Congress of the Soviet Union (1959), the judicial practice of the Soviet Union went from one extreme to the other. In the past, they applied the penalty of deprivation of liberty to all criminal acts, including those with little harm; Now, the punishment for dangerous crimes is also inappropriately reduced and too lenient. In view of this situation, the Soviet Union issued a series of decrees from 196 1 to intensify the crackdown on dangerous crimes. For example, on the afternoon of May 5, 196l, the Law on Strengthening the Fight against Crimes with Special Risks was promulgated, and on July 0,19665438+/kloc-0, the Law on Increasing Criminal Responsibility for Acts of Breaking Foreign Exchange Management Rules was promulgated. On February 5th, 1962 and 15 promulgated the Decree on Increasing Responsibility for Acts Endangering the Life, Health and Personality of Police and People's Volunteers and the Decree on Increasing Criminal Responsibility for Rape, and on February 20th, 1962 promulgated the Decree on Increasing Criminal Responsibility for Bribery and Other Acts. According to the above-mentioned series of decrees, the Supreme Soviet of the Russian Federation 1962 passed the "On Amendments and Supplements"
3. Promulgate a series of new legislative outlines.
1957, 1 1 In February, the Soviet Union promulgated a law to amend Article 14 of the 1936 Constitution, and transferred the power to formulate civil code, criminal code and procedural law to the United States. The whole alliance is only responsible for formulating various legislative outlines (principles). From 1958 to 12, supreme soviet of the ussr adopted a series of legislative outlines, including criminal legislation outline, criminal procedure outline and court organization legislative outline. Paulia, then chairman of the bill committee of the Union House, reported that "the current outline of criminal legislation and many other criminal laws passed 30 years ago are outdated in many aspects" and must be revised accordingly. At present, the adoption of these laws is a "new and important stage" for the Soviet Union to improve its legislation.
1 February, supreme soviet of the ussr adopted many legislative outlines, including civil legislative outlines and civil litigation outlines. As we all know, there is an urgent need to enact new civil legislation. The old civil code was enacted in 1922, which stipulated that citizens have the right to set up industrial and commercial enterprises and joint-stock companies, so it has long been out of date. In June 5438+February 65438+April this year, the Minister of Justice of the Russian Federation published an article in the Russian newspaper of the Soviet Union, saying that recent years were the "revival era" of Soviet legislation.
Five, the extensive establishment of people's volunteer pickets and gay trials.
1. put forward the theory of "transfer of state functions"
1959 10, Khrushchev put forward at the 2nd1Congress of the Soviet Union: "Many functions performed by state organs should be gradually performed by social organizations." In particular, it is mentioned: "The problem now is that the functions of maintaining social order and public order should be undertaken by social organizations in addition to state organs such as police organs and courts"; "Socialist society should establish people's pickets, gay trials and such voluntary organizations to maintain social order"; "The picket team of the People's Volunteers should be responsible for maintaining the local social order", and the gay trial meeting "should mainly prevent all kinds of illegal acts" and "should try not only production issues, but also life and moral issues, and judge improper acts of collective members that violate social order". Since then, people's volunteer pickets and gay trials have been widely established throughout the Soviet Union.
2. Widely establish people's volunteer pickets.
Around the 20th Congress of the Soviet Union, some mass organizations established by trade unions and youth leagues appeared in some cities of the Soviet Union to participate in the work of maintaining social order. * * * This kind of organization established by the Youth League is called "picket", * * * Youth League patrol and "auxiliary police service". Some organizations established by trade unions are called "workers' police forces" and others are called "people's pickets".
After the 2nd1Congress of the Soviet Union, the Central Committee of the Soviet Union and the Council of Ministers of the Soviet Union made a resolution on the participation of working people in maintaining state and social order on March 2, 1959, and decided to "set up people's volunteer pickets to maintain social order in enterprises, construction units, transportation units, organs, state-owned farms, collective farms, schools and streets", which was approved by the people's congress. Resolutions and regulations stipulate that the basic task of the picket team of the People's Volunteers is to "maintain social order" and to "patrol, spot check, deploy posts and be on duty" in the area under its responsibility; The picket team consists of progressive workers, staff, collective farm workers, students and retirees, and each district (city) should set up a headquarters. [7]
According to the provisions of resolutions and regulations, a large number of people's volunteer pickets have been established in various places. By July 1960, nearly 2,000 volunteer pickets had been set up in Moscow, with nearly 90,000 members. The people's volunteer picket organized by Russian Federation has1300,000 members. [8] By 1964, the number of people's volunteer pickets in the Russian Federation had expanded to nearly 4 million; [9] The number of pickets of the People's Volunteers in Moscow has grown to 3,000, and its members have expanded to 240,000; [10] There are 2 100 volunteer pickets in Sverdlov, with 236,000 members. [ 1 1]
3. Widespread establishment of gay trial conferences.
This kind of organization, the gay trial meeting, existed in Stalin's time, but it was not widely established and its power was not clear. 196 1 On July 3, 2000, the Russian Federation approved the regulations of the gay trial association. According to the regulations, gay trials will be established in enterprises, institutions, organizations, schools, streets, collective farms and rural settlements with more than 50 people. Its main work is to "prevent illegal acts and behaviors that endanger society, educate people through persuasion and social sanctions, and establish an environment that does not allow any anti-social behavior." The Gay Judicial Committee has the right to hear the following cases: violation of labor discipline, drunkenness, disrespect for women and children, disrespect for parents, property disputes between citizens under 50 rubles, other anti-social behaviors that do not cause criminal responsibility, and so on. The Gay Judicial Committee has the right to take the following sanctions: instruct the wrongdoer to publicly apologize to the victims and the collective, give the wrongdoer a warning, censure by public opinion and social condemnation, impose a fine of less than 10 rubles, suggest the unit leader to transfer the wrongdoer to a low-paid job or demote him, and instruct the wrongdoer to compensate the loss of less than 50 rubles, etc. [12] Since then, gay trials have been established everywhere. By 1964, the Russian Federation had established 90,000 homosexual experiments, and Sverdlov had established [13] more than 5,000 homosexual experiments. [ 14]
Khrushchev originally envisaged that by extensively absorbing the working people to participate in maintaining social order, every citizen would feel that he is a policeman, so as to put an end to crime and "destroy the country and destroy the species." However, this is unrealistic. Although people's volunteer pickets and homosexual trials can play some positive roles in maintaining social order, they have not and should not eliminate crimes. Moreover, due to the impure composition of these organizations, many members violate the law and discipline, and many organizations have loose discipline and activities become a mere formality, which makes it difficult to play an effective role as stipulated in official documents; Generally speaking, the reform of the legal system implemented during Khrushchev's period has certain positive significance and won the support of most people. This is perhaps the most effective of all kinds of reforms during Khrushchev's period. But this kind of reform is limited, incomplete and full of contradictions. . For example, in the event of mass incidents endangering its ruling position, Khrushchev showed a fierce face and did not hesitate to use the army to suppress it. 1the mass demonstration that broke out in Tbilisi, the capital of Georgia, in March 1956,1the workers' strike in Taukaraganda metallurgical enterprise in Temir and the subsequent mass demonstration, and1the mass demonstration in Rostov in June 1962 were brutally suppressed, causing many casualties. This seems to be one of the problems that the political system in Khrushchev's era could not solve.