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革命时期谢觉哉就对肆意践踏人权的极左暴行进行持续深刻反思,指出其“名为革命行动、实为封建暴行”。1959—1965年担任最高法院院长期间,他执着坚守保障人权信念,运用马克思主义法律思想基本原理,提出“政治敌人也是人”、“社会主义时期法律不会消亡”、“保护公民权利是社会主义司法的根本任务”等论断,提倡依法司法和审判讲理,努力把急速群众化、政策化和情绪化的司法工作,扭向专业化、法律化、理性化方向,形成了以法律理性规制和融合政治激情来保障人权的司法思想,对当前我国推进依法治国和发展人权事业具有重要启示意义。
During the revolutionary period, Xie Juezai carried out a sustained and profound rethinking of the ultra-atrocious acts of wantonly trampling human rights and pointed out that his “revolutionary operation was actually a feudal atrocity.” During his tenure as President of the Supreme Court from 1959 to 1965, he persisted in upholding the faith in human rights and used the basic principles of Marxist legal thought to propose that “political enemies are also human beings.” “The law will not die out during the socialist period.” “ Protection of civil rights is the fundamental task of socialist justice ”and other arguments, to promote judicial justice and trial of reason, and strive to rapidly popularize, policy and emotional judicial work, to the professional, legal and rational direction, the formation of It is of great significance for our country to promote the administration of the country according to law and the cause of human rights by judicially building a judicial ideology that regulates and integrates political passion with law to protect human rights.