Building Blocks of the Socialist Legal System
Introduction:
The socialist legal system, with its distinct features, is designed to support the principles and goals of a socialist society. it is crucial to understand the building blocks of the socialist legal system. This comprehensive examination will explore the key components in simple and easy terms about building blocks of Socialist legal system.
I. Institution of Procuracy:
A. Origin and purpose:
The Procuracy,
- established by Lenin in 1922
- is a fundamental institution in the Soviet legal system.
- It serves the functions of prosecuting criminals
- and supervising the legality of actions in general.
B. General supervision:
The Procuracy's role includes
- protesting administrative abuses to higher authorities
- and incorrect judicial decisions to higher courts.
- Any citizen can complain to the Procuracy about a violation of their rights,
- which the Procuracy is obligated to investigate and address.
C. Watchdog function: The Procuracy
- acts as a watchdog
- ensuring the proper application of laws
- protecting citizens' rights.
- But does not possess administrative powers,
- except for the authority to indict for crimes.
II. Administrative Tribunals:
- the Arbitrazh tribunals,
- which handle contract disputes
- between state economic enterprises and organizations.
B. Resolution of contract disputes:
Arbitrazh tribunals settle disputes based o
- contract law,
- administrative regulations
- state economic plans.
- They hold hearings
- provide resolutions when enterprises cannot agree on contract terms.
C. Case types: While the Arbitrazh tribunals handle contract disputes,
they also handle cases involving specific performance or damages for breach of contract.
III. Law as an Instrument for Development:
A. Educational role of law:
The Soviet legal system emphasizes
- the educational aspect of law.
- guide, train, and discipline Soviet citizens,
- fostering loyalty and responsibility towards the goals of the society
- as defined by the Communist party.
B. Parental philosophy:
The concept of "parental" philosophy is seen in the law of official crimes,
which holds administrative and managerial personnel of state organizations
criminally liable for intentional misconduct or negligent performance of their official duties.
IV. Constraints on Private Ownership:
A. Limitations on private ownership:
Socialist law imposes strict limitations on the rights of private ownership.
B. Civil liability for personal injury:
socialist law establishes civil liability for causing personal injury.
C. Administrative procedure for divorce:
The socialist legal system incorporates an administrative procedure for divorce, allowing unilateral repudiation.
V. Penalization for Counter-Revolutionary Acts:
Suppression of counter-revolutionary acts:
Socialist legal systems do not tolerate opposition to the revolution or the communist party.
Heavy penalties are imposed for acts or statements deemed counter-revolutionary.
Conclusion:
The institution of Procuracy, administrative tribunals, the educational role of law, constraints on private ownership, and penalization for counter-revolutionary acts are key components that shape the socialist legal system.
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