The Further Evolution of the State Enterprise as a Legal Entity

The 22nd Congress of the CPSU adopted a new Program for the Communist Party of the Soviet Union, and set forth in it a concrete plan for the building of a communist society in the USSR. The CPSU Program envisages as the chief economic task of the next twenty years the establishment of the material and technical base for communism. Effectuation of this vast undertaking also presupposes a further "improvement of the legal norms regulating functions of economic organization, culture and education, and promoting the solution of the tasks of the building of communism and the allround flourishing of the personality." (1)     

Contracts and the Planned Economy

The Party Program and the resolution of the November (1962) Plenum of the CPSU Central Committee have outlined the direction to be taken in improving economic guidance and planning as the prerequisites for creating the material and technical base of communism. They provide both for greater centralization in the planning of the economy and for expansion of economic independence and the rights of enterprises within the framework of the unified economic plan. At the same time, the 22nd Party Congress and the Plenum of the CPSU Central Committee have given much attention to strengthening cost accounting in the enterprises as one of the important instrumentalities for developing the economy during the period of the building of communism.     

Certain Problems of State Administration under the Conditions of the Socialist State of the Entire People

Soviet state administration, constituting the activities of state bodies in the daily and direct guidance of economic and socio-cultural development, retains its importance in full in the period of the comprehensive building of communism. The direct relationship between this form of state activity and the developing economic and cultural processes defines the role of the administrative machinery in the establishment of the material and technological foundations for communism and of all the conditions needed for socialist social relationships to undergo transition to communist relations. "Along with problems of economic development," N. S. Khrushchev remarked at the 21st Congress of the CPSU, "there arise pressing problems concerning the political organization of society, the state structure and administration during the period of the comprehensive building of communism."     

Monitoring the Work of the Apparatus of a Ministry

The rise in the scale and complexity of the tasks of building communism constantly puts new and higher demands on the apparatus for managing the country's economic and social development. A special role in assuring that the mechanism of administration will proceed without fits and starts belongs to the ministries, upon which are placed the full responsibility for the state of affairs in the branches of economy and culture under their jurisdiction. The December 1977 Plenum of the CPSU Centr Committee emphasized that the duty of the heads of each branch and each ministry requires that, as they seek improvement of their indices, they tie this as closely as possible to the final effect of their work on the national economy, that they overcome elements of localism and departmentalism, and that they help to satisfy real social needs in the most economical and effective manner possible.     

The Potential of the Collective Farm Market

Collective farm trade in our country has always played an important part in satisfying the population's food needs in that it has permitted collective farms, state farms, and rural dwellers to sell their surplus, thus strengthening economic ties between town and country. It plays a major role in our day as well. The Food Program formulated its position on this point in a clear-cut, succinct principle: "To expand the network of collective farm markets, to improve the organization of trade in markets, to strengthen their material and technological foundation."     

Problems of Research EN Party History in the Light of the Decisions of the 22nd Congress of the CPSU

The 22nd Congress of the CPSU called upon all personnel in the ideological field to increase their activity in the communist education of the working people of Soviet society, and in shaping their scientific world outlook on the basis of Marxism-Leninism. In the new Party Program adopted by the Congress we read: "The Party poses the objective of educating the entire population in the spirit of scientific communism so as to give the working people a thorough understanding of the course and prospects of world development, enabling them to analyze correctly events within the country and on a world scale, and to build their lives consciously on a communist pattern." (1)     

Development of the Soviets and the Tasks of Science

The conditions of development of socialist society require intensification of the ties between science [nauka] and the practice of the building of communism. As L. I. Brezhnev emphasized in the Report of the CPSU Central Committee to the Twenty-fourth Party Congress, "theoretical interpretation of the phenomena of social life and its leading trends enables the Party to foresee the course of social processes and to develop the right political course, avoiding errors and subjectivist solutions." The Congress advanced the task of giving even greater attention to the development of theory and achieving an intimate connection of the social sciences with practical work and the solution of current problems in the building of communism.     

Rural Lawyers

For several years now, the USSR Ministry of Agriculture has been taking steps to improve the role of the legal services at collective farms, state farms, and agricultural agencies. The legal service, considering the importance of employing legal means to improve economic achievements and adherence to law in farming enterprises, is regarded as an equal component in all activity to carry out the tasks posed collective farms, state farms, and agricultural bodies by the Twenty-Fourth Congress of the CPSU.     

Cybernetics and Law

One of the most important tasks posed by the CPSU Program is efficient, rational and economic state administration of the economy. In conjunction with the rising role of the Soviet State in political, economic and cultural development, the CPSU Program notes the need to reduce the cost of state administration and to further improve the forms and methods by which it functions.     

Pressing Questions in the Development of the Soviet Science of Public Law

The resolution of the CPSU Central Committee, "On Measures for the Further Development of Jurisprudence and Improvement of Legal Education in the Country," is evidence of the rising role of Soviet jurisprudence in the building of communism and of the party's constant concern for the development of this discipline. The resolution provides a profound analysis of the reasons for the backwardness of jurisprudence in general and of its major shortcomings, and outlines measures to bring about a fundamental improvement of research in the field of Soviet legal studies.     

More Attention to Education About the Law

The importance of socialist legality is constantly rising at the present stage of the building of communism in our country. This is due to a number of factors, primarily the further broadening of democracy for the entire people, which constitutes, as defined by the Twenty-Fourth Congress of the Party, the principal emphasis in the development of socialist government. "The reinforcement of legality," said Comrade L. I. Brezhnev in his Report to the Twenty-Fourth Congress of the CPSU, "is not a task for the machinery of the state alone. The organizations of the Party, trade unions, and the Komsomol must do everything necessary to assure the strictest observance of law and improve the education of the people with respect to the law."     

Development of Legislative Activity of the Supreme Soviet of a Union Republic

The supreme soviet is the sole legislative body of a union republic. The laws, as well as other actions taken by a supreme soviet, expressing the sovereign will of the people as a republic, play an important creative role in resolving tasks in the building of communism. This circumstance determines the sociopolitical significance of the legislative activity of a supreme soviet. The Twenty-Fourth Congress of the CPSU put special emphasis on the fact that "the Party ascribes great importance to perfecting Soviet legislation."(1)     

Technical Servicing and Guaranteed Repair of Household Equipment and Appliances

In the broad program of further socioeconomic development of the country advanced by the Twenty-fifth Congress of the CPSU, there is provision for a considerable increase in manufacture of cultural and household commodities and in the volume of sales of household services to the population. In his report to the congress, L. I Brezhnev emphasized: "A rise in the well-being of the working population is indivisible from more complete satisfaction of the population's demand for various commodities and services." In this regard maximal satisfaction of citizens' needs for technical servicing and guaranteed repair of household appliances and improvement in legal regulation of relations between industrial enterprises and service industries in providing these services are of great importance. In accordance with the decree of the USSR Council of Ministers "On Measures to Improve the Organization of Repair of Household Equipment and Appliances Belonging to Citizens," dated June 4, 1974 (1), the State Arbitration of the USSR Council of Ministers issued, by degrees of March 31, 1975 (2), the following normative acts: (a) a model contract for technical servicing and repair of cultural and household products during the period covered by the guarantee; (b) a model contract for technical servicing of TVs and radiophonographs and for the repair of household TV-radiophonographs and tape recorders during the period covered by the guarantee; and (c) the Procedure for relations between production associations and enterprises for consumer services [on the one hand] and associations or enterprises manufacturing household equipment and appliances [on the other hand] with respect to their technical servicing and repair during the guarantee period in the absence of a contract. Let us examine certain pressing problems of regulation of economic relationships by these normative acts.     

For Complete Elimination of the Harmful Consequences of the Personality Cult in Soviet Jurisprudence

The comprehensive building of communism envisaged by the historic 22nd Congress of the CPSU presupposes the solution of three organically interlinked basic tasks: creation of the material and technical base of communism, development of communist social relations, and the rearing of the new man — an active and conscientious worker of communist society.     

中国民法典集体所有权的理解与适用

集体所有权在中国法学界一直是个解释和理解起来较为复杂和困难的问题。因为,它不仅涉及到民法,还涉及到作为社会主义经济制度基础的公有制和作为上位法的宪法的规定等。理解集体所有权,我们可以"集体企业"与"集体土地"作切入点。集体企业定位上属于企业法人,如今《民法典》更是进一步将其规定为营利法人。但集体土地不能像集体企业一样,想当然的把它归为法人所有。我们国家集体所有到底是所有权的一种形态还是法人的一种形态,一直是有争议的。这次《民法典》将农村集体经济组织视为特别法人,但其中仍有一些基本理论问题需要我们进一步完善和巩固。     

Interpellations By Deputies

The deputy's interpellation is one of the forms whereby local Soviets perform their monitoring [kontrol'naia] function. In the Program of the CPSU, "systematic discussion by Soviets of deputies' interpellations" is regarded as one of the means of improving the forms of representative government and socialist democracy.     

The Creative Revolutionary Role of Socialist Law in the Period of the Comprehensive Building of Communism

The Draft Program of the Communist Party of the Soviet Union outlines brilliant prospects for the development of all aspects of life in Soviet society during the coming 20 years, a development that will ultimately lead to the establishment of a communist society. The Draft Program emphasizes that under the conditions of socialism and the construction of a communist society, spontaneous economic development has yielded to the conscious organization of production and the life of society as a whole. As applied to law this means a substantial broadening of the prospects for the use of legal norms in facilitating the creation of the material and technical base of communism and the new social relations of communism, as well as for rearing the entire working population in the spirit of the lofty demands made upon members of a communist society.     

Constitutional Law Relationships in the Socialist Countries

The Program of the Party adopted by the 22nd Congress of the CPSU resolves the basic problems of the Marxist-Leninist concept of the socialist state in a new manner. Speaking at the Congress, N. S. Khrushchev stated that "of course, we do not believe that the problem of improving our political system has been completely solved. Everything that is necessary must be done to improve and develop the government of all the people, and to involve the masses of the people to an ever increasing degree in the administration of and supervision over government agencies" and "we are doing and will do everything to improve our socialist system and our democracy even further, as an example of the socialist way of life for all peoples." (1) In this connection, one of the questions that merits particular attention is that of constitutional law relationships in the USSR.     

On Improving the Legislation on Territorial and Regional Soviets of Working People's Deputies

The Report of the Central Committee of the CPSU to the Twenty-fifth Party Congress advanced the proposal of adopting laws to define the jurisdiction of territorial [krai], regional [oblast'], and area [okrug] soviets of working people's deputies. This proposal was adopted unanimously by the delegates to the congress. In the course of the work begun to draft these laws, which will define the content and form of activity at the present stage of the building of communism of such an important link in the system of soviets as the regional and territorial soviets, many questions have arisen demanding profound and comprehensive scientific study. In this connection the editors invite legal scholars and practical workers to share in the pages of the journal the results of their research and generalizations from the experience of the work of the soviets and from application of the prevailing legislation, and to express judgments, proposals, and recommendations on the paths to be followed in improving the legislation on territorial, regional, and area soviets.     

Shanghai housing reform. Program a burden on foreign investors

This document contains a summary of the Housing Reform Program created in Shanghai, China, in 1991, which requires monthly contributions of all employers and employees in Shanghai to a "Collective Reserve Fund." The program also applies to foreign investment enterprises and must be followed by all enterprises, regardless of any previous housing benefits that an enterprise may be providing its employees. Employers must deduct 5% from each employee's salary (with a minimum) monthly and must match that amount. The total is paid into an account in the employer's name with the People's Construction Bank of China. The total amount collected and matched for an employee is considered the property of the employee, but the account is administered by the employer as a collective trust account. Each employee's balance may be withdrawn upon retirement, leaving the area, or purchasing a home and leaving state-owned housing. Foreign investment enterprises contribute a reduced amount in recognition of the fact that they pay salaries that are higher than those of state enterprises. The Housing Reform Program also requires employers to contribute to doubled rent subsidies for public housing, requires workers to purchase housing construction bonds in order to be eligible for newly allocated public housing, calles for housing to be sold at favorable prices, and creates a system whereby mortgages can be obtained from the Collective Reserve Fund.