The Production Principle in Party Structure

The November Plenum of the CPSU Central Committee, which discussed Comrade N. S. Khrushchev's report "Economic Development of the USSR and Party Guidance of the Economy," was an event of exceptional importance. Its work manifested with new force such Leninist characteristics of our Party as a creative approach to problems of the building of communism which are ripe for solution; the ability at each new stage to distinguish the main link in the chain; the ability to pose problems with revolutionary breadth, and to merge politics, economics, and organizing activities into a single whole. Having condemned the Stalin personality cult, our Party is working persistently to overcome its consequences. It has added to and developed the Leninist traditions. Lenin's standards for conducting Party affairs and his principles of leadership are being asserted more and more fully.     

State Power and Self-Government Under Socialism

The experience of history offers persuasive evidence that socialism can take firm root and develop successfully only if the power of the working class is solid and rigorous, and if that class acts in alliance with all other working elements of the population, if society is led by a Marxist-Leninist party, and if there is a carefully structured and active state. That state must function as organizer of economic, political, and cultural development. Socialist ownership of the fundamental means of production must prevail in an environment of extensive application of the principles of socialist democratic procedures. The communist and workers' parties of the lands of the socialist commonwealth, basing their activity on the universal regularities of the struggle for socialism and communism, creatively develop revolutionary theory and strive for further progress in all spheres of the life of society.     

Arts districts,universities, and the rise of digital media

In the last decade, arts and culture have been placed at the center of attention when discussing economic growth. In particular, studies on the “creative class” have been using arts and culture as an important factor impacting local economies. In addition, studies on local economic development have frequently viewed universities as a major factor in economic growth. In the middle of this discussion is new economic growth via creativity, via new recipes and new combinations of local capital, and via innovation centers. Combining these disparate literatures brings to center stage both clusters of arts and culture and concentrations of research and human capital development. Hence, the focus of this paper is to analyze the dual impacts of universities and arts districts on innovation and economic growth through employment in digital media. The results indicate that cultural districts have a consistently positive effect on local digital media economic activity—employment and innovation. The same cannot be said for research universities.     

党的三代领导核心新闻思想简论

本文略述了党的三代领导核心毛泽东、邓小平、江泽民同志在紧张繁忙的革命活动和党政领导事务中,所从事的新闻实践活动;概括和论述了他们根据革命实际斗争和当时工作的需要,运用谈话、通信、撰文、著作等形式对新闻工作作出的指示以及对无产阶级新闻的性质、特点、职能、任务、工作原则、写作方法等进行的阐述;并通过具体论著总结了他们的新闻思想和新闻观点。文章强调党的三代领导核心的新闻活动和思想是无产阶级新闻学宝库中的一份宝贵财产,因此,新闻工作者学习和研究党的三代领导核心的有关新闻论著及其思想,理解和掌握他们提出的一些基本原理和基本原则,这对于建设有中国特色的社会主义新闻传播事业是非常重要和必要的。     

Barriers to the strategic adoption of revolutionary manufacturing processes

This research examines the role of strategic barriers to the adoption of revolutionary new manufacturing processes in two American industries—primary textiles and steel. Based on the experiences of these sectors, two general conclusions are reached. First, the factors influencing strategic adoption of revolutionary processes can be classified into three categories: scale, vertical scope, and horizontal scope. Second, different strategic groups experience and encounter different barriers in the adoption of revolutionary technological processes.     

宪政视野里的人权观念重构

在我国现已加入多项国际人权公约的背景下,我国的现行文本宪法仍未引入国际通行的人权概念。本文试图从宪政体制的视野,针对宪政体制和人权保障,宪法文本的阶级话语和人权观念的冲突的角度,分析并认为将马克思主义的无产阶级革命理论运用到社会主义建设时期,用无产阶级革命时期理论思维去指导社会主义的国家建设,用阶级矛盾和阶级斗争思维去建构我们的宪政体系是我们现行宪政体制中人权认识上步入误区的原因所在,也是我们在宪政视野中对人权价值观念进行重构的起点。     

全国人大常委会在宪法实施中的创制行为及其界限——以“辽宁贿选案”为例

“辽宁贿选案”发生后,该省人大常委会无法正常开会履职。对此,全国人大常委会决定成立辽宁省十二届人大七次会议筹备组,代行该省人大常委会的部分职权。这被认为是宪法上的创制性安排。全国人大常委会的创制超出了宪法文本,不是宪法解释行为,也不是宪法续造行为,而是宪法建造行为。政治主体在面对宪法僵局时主动实施宪法,建造出民主集中制原则的具体内容和人民代表大会制度的新内涵,有效解决僵局并发展宪法。这并非孤例。全国人大常委会还曾在“总理辞职案”中进行过创制。创制需要符合一定的条件,前提是出现了必须创制的环境、没有可直接适用的宪法规则,方法是按照法定程序作出政治选择,形式是发布决定而非立法。创制具有宪法法律界限和合理性界限。政治主体要选择恰当的宪法原则和制度进行创制,所创制的内容要符合比例原则。创制是全国人大常委会掌握的一种新宪法工具,表明我国宪法实施具有政治主体与宪法互动的特征。     

论革命根据地的证券法律制度

中国共产党在民主革命时期,曾利用证券这一特殊的融资手段服务于根据地的军事、经济需要。根据地的证券主要有饭票、米票、粮草票、本票、赈灾券、公债券、股票等。配合证券的发行,形成了颇具特色的根据地证券法律。这些法律散见于党和人民政府颁布的纲领、决议、指示、以及政府、企业颁布的条例、章程之中。根据地的证券法是很粗疏、简陋的,甚至也不用证券法这样的名称。但毋庸置疑的是,它为中国革命的最终胜利做出了贡献。解放后,这些证券都得到了兑付。     

Kairós and Clinamen: Revolutionary Politics and the Common Good

This article sets out to offer a new reconceptualisation of the common good as the mechanism providing the temporal coordinates for revolutionary politics. The first section investigates the pairing of commonality and goodness, revealing its nature as a synthesis of apparently irreconcilable opposites. The second section examines how this irreconcilability is overcome, advancing the argument that to heal the divide, a double movement of definition and concealment is necessary, whereby the process of definition of what constitutes the common good is accompanied by an expropriation, or hollowing out, of meaning. The third section offers a proposal for overcoming this epistemological impasse about the nature of the common good, by contrasting chronos and kairós, chronological time and what in English can be translated as ‘opportune time’, and offering kairós as the chance to create, within the fissures of the totalitarianism of chronological time, the timescape for revolutionary politics. This proposal is carried on in the second part of this article, starting with ‘ Chronos and Kairós ’ section, where the concept of kairós is expanded upon and coupled with the Epicurean and Lucretian idea of the clinamen, the swerve of the atoms that introduces the element of chance against Democritean determinism. With the support of Antonio Negri’s reading of kairós and clinamen, the article argues in ‘Alma Venus: Love, Desire and Revolution’ section that these two concepts provide the spatial and temporal coordinates for revolutionary politics, in tension and critical engagement with Ackerman’s idea of constitutional moments, to conclude in ‘Conclusions: Kairós and Revolutionary Politics’ section, that the common good is to be defined as that which takes place and is identified/identifiable within these coordinates.     

Determining Whether Violations of Mine Safety Rules Constitute Criminal Acts

In the resolution of tasks posed by the Twenty-sixth CPSU Congress pertaining to the effecting of profound transformations in a highly important area of human activity, labor, to improving and easing working conditions, to ensuring broad opportunity for highly productive, creative work,¹ an important role belongs to enhancement of the effectiveness of criminal law norms that are intended to protect the life and health of working people.     

“新工人阶级”的法治生存之道

美国《时代》周刊把中国工人列为2009年度人物亚军,展示了中国工人的力量.在一个不断物质化以及“弱势群体”边缘化的社会,“把工人阶级带回分析的中心”有其理论和方法论意义.梳理工人阶级的历史变迁脉络,廓清“新工人阶级”的法治生存境况,把握作为“阶级”抑或“阶层”的工人群体的主体性及其内涵,是我们辨析其法律身份认同和共同意识的前提和基础.而要使他们真正回归“劳动者”,必须发掘其内在的力量,在法治的轨道上实现其结社自由和罢工权利.     

The Further Development of Democracy in Soviet State Administration

Soviet agencies of state administration are carrying on a great deal of organizational and creative activity toward resolving problems involved in administrative-political, economic, socio-cultural and military construction. These agencies consist of representatives of the working population, serve its interests and are under its control. Despite this, many opportunities exist for greater democracy in their operations. In the activities of certain links in the administrative apparatus, cases of deviation from Leninist principles are still encountered: replacement of collegial solution of problems by one-man decision; violations of legality; ignoring of public opinion; swelling of paid staffs, etc. These deviations do not define the nature of the Soviet state apparatus, but one cannot make peace with them. They must be exposed and eliminated more rapidly.     

关于新时期社区群众工作方法论创新的思考

做好新时期的社区群众工作,是公安基层基础工作的着力点。但由于受各种主、客因素的影响,各地基层派出所社区民警仍存在着与做好群众工作不相适应的问题。要做好新时期的社区群众工作,方式方法至关重要,因而社区民警必须创新并科学运用社区群众工作方法。同时要在工作实践中坚定群众工作理念,找准自己在社区群众工作中的履职定位,不断提升自身的社区群众工作能力和素质。要加强对社区民警的培训和评聘考核激励,切实健全一套社区群众工作的长效机制。     

Informing the Population About the Activity of State Agencies

Under the conditions of developed socialism, the general problem of informing the population, and that of its knowledge about matters of state and law in particular, becomes increasingly more pertinent. "The development of socialist democracy," said L. I. Brezhnev at a meeting with voters of the Bauman Electoral District in Moscow on June 10, 1966, "demands the solution of many problems that the Party has placed on the order of business." One of these tasks is "providing fuller information to the people about everything happening within the country and on the world scene, and increasing publicity [glasnost'] about the work of the agencies of Soviet government." The Communist Party associates improvement of socialist democracy particularly with the level of society's information "about the policies of the Party and state." (1) Therefore, the Soviet government pays much attention to the solution of questions associated with informing the citizenry about the work of governmental agencies and also about their regulation by law. Thus, for example, in the RSFSR law "On the District Soviet of Working People's Deputies of the RSFSR" (June 29, 1971), we read about the responsibility of the executive committee to inform the population about questions placed on the order of business of the soviet (Article 33), to bring decisions of the district soviet to the knowledge of the citizens (Article 38), and to report on its work at meetings of the working population and at citizens' places of employment (Article 55). Article 93 reads: "The district soviet of working people's deputies is responsible for informing the population about its functioning. …" Presidiums of the supreme Soviets of union and autonomous republics monitor observation of provisions of the law, assuring that the population will be widely informed on the work of state agencies. (2) In this connection, examination of the question of the content and forms whereby the population of the USSR becomes informed about the activity of state agencies is of interest.     

Copyright Givers and Takers: Mutuality,Altruism and Instrumentalism in Open Licensing

Over the past three decades, open licensing has evolved from hacker culture thought experiment to a transformative force in applied copyright across a range of industries. Yet very little empirical research exists to understand its disparate uses. This article examines social practices and attitudes about open licensing in order to examine the practical experience of creators and consumers who use this tool and in order to assess its value in moderating the negative consequences of extensive copyright. The discussion about the role of open licensing in creative industries and communities tends to be polarized into two vantage points. Either (1) it is a new, altruistic paradigm enabling creative communities to rework copyright to fit their vision for the cultural commons, or (2) it is a radical theft of creative labor, encouraged by Google and other digital industrial powerhouses, to cheat creators out of their share of profits. Both of these rhetorical vantage points presume a monolithic and largely either selfless or unaware base of creative laborers. We analyze data from a series of surveys across a range of creative fields and practices to show that creators employ open licensing for a variety of reasons, including instrumental purposes oriented toward skirting the many impediments created by institutions and law, rather than merely because they are unaware or selfless.     

Cause lawyering when it really matters: how Istanbul lawyers reacted to events in Gezi

This paper is about voluntary legal representation of detainees during the Gezi events in Istanbul in June 2013. By way of in-depth interviews conducted with attorneys who did the work, the paper seeks to understand the reasons for its emergence since there was government-funded legal aid in these matters. Another goal was to understand whether there were any ethical problems during its provision. Attorneys’ primary reason to volunteer seems to be that legal aid was not working. The second reason was their identification with the protesters. They therefore engaged in defensive cause lawyering and employed the law in creative and strategic ways to fight against a government crackdown. Cause lawyering was facilitated by an autonomous legal profession, legal aid, as well as a relatively independent prosecutorial service.     

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)     

The "Archival Revolution" in Russia (1991-1996)

The radical changes in archival policy and practice and in the use and publication of documents that have occurred since August 1991 have required from the outset the development of new terms and concepts to describe them. This was obvious at least to active participants in the reforms. V.P. Kozlov, a professional historian who became one of the heads of the State Archival Service, applied the term "new space of archival information" in 1992. The ideal model of this "new space" consisted, according to Kozlov, above all in open access for users, as well as of becoming an integral part of international information systems and commercializing the use of archival information. In fact, this involved no less than revolutionary changes in archival policy (a new legal status for archives) and in archival practice (calls to reject the "hoarding ideology," etc.).     

论现代信息网络传播中的法律关系——以BT传输方式为视角

信息传输法律关系已经从传统环境延伸到网络环境，这对传统民法理论造成一定冲击。尤其对于最新型和最富革命性的BT传输方式下的法律规范问题，实务界莫哀一是，而学界更是关注甚少。在我国经济发展和知识产权意识逐渐增强的背景下，对BT传输方式下的信息网络传播法律关系进行梳理和分析，并对其发展趋势和立法模式等提出建议，具有重大的现实意义。     

知识、知识产品、知识产权——知识产权法基本概念的法理解读

知识产权的客体是知识产品 ,知识产品是知识性与产品性的统一。知识的本质是信息 ,知识是人脑的产物 ,产生于大脑的知识并非一定为他人感知 ,存在于大脑中的知识也具有其形式 ,知识不以是否能为他人感知为前提 ;知识产权制度不是用来保护知识的 ,不是用来限制知识的传播的 ,而是通过保护创造性智力劳动成果———知识产品 ,来保护创造知识的劳动的 ;知识产权属于私权但对公权有强烈的依存性 ,是人们基于创造知识的劳动对所产生的知识产品依法享有的专有权