苏式民法调整对象定义的沉浮

本文在27个苏-俄密切联系国的范围内考察了苏式民法调整对象理论的流变。首先考察了在苏-俄产生的3个民法调整对象定义:不对称平行线说、商品经济说和新平行线说;然后考察了它们在东欧剧变后在苏联密切联系国的流变情况,分为继受、改造、更新、放弃规定4种情形。最后提出了中国应采用新平行线说的建议,并介绍了作者对《俄罗斯联邦民法典》第2条第1款的理解与俄国学者的理解的分歧。     

Political corruption in Russia and the Soviet Legacy

Signs of corruption in post-SovietRussia are abundant and its immediate cause, the rapidmove towards the market in advance of theestablishment of a legal infrastructure, readilyapparent. But the unqualified use of the term``corruption' risks substituting liberal judgements ofRussian capitalism for an historically grounded andsociologically informed understanding of Russia'sdeviance from Western standards. Here it is arguedthat ``corruption' in post-Communist Russia can mostusefully be understood as the extension of Sovietcoping strategies, developed in the command economy,to the opportunities opened up by marketisation. Thisoccurred in circumstances where the bureaucratic andideological constraints of the Soviet state were notreplaced by compensatory institutional and legaldisciplines. Rather than corrupting an establishedsystem of rights and obligations Russian ``corruption'represents the extension of the informal culture andpractices of the Soviet system to the opportunitiespresented by emerging Russian capitalism.     

Is there aJ-curve for the economic transition from socialism to capitalism?

It is often assumed that the process of transition from socialism to capitalism involves a dislocation and disorganization of the economy in the early stages of the transition. Thus, it is argued, economic performance will at first worsen and then gradually improve as the new system takes hold. This paper argues that, based on evidence from Czechoslovakia, Hungary, and Poland, there is no evidence for such aJ-curve phenomenon. Using a simple macroeconomic model, we show that, in these three reforming countries, the decline in production can be explained by exogenous shocks to the balance of trade, to investments and to autonomous consumption. This finding also suggests that macroeconomic policy in these countries may be too restrictive to permit a recovery of employment and production.     

Sixth Annual Meeting of the Soviet International Law Association

The regular meeting of Soviet international lawyers opened with introductory remarks by the president of the association, G. I. Tunkin. He emphasized that the ending of the crisis in the Caribbean Sea was a major triumph for the foreign policy of the Soviet Union. It provided a convincing demonstration of the correctness of the proposition propounded by the 22nd CPSU Congress to the effect that the forces of peace are today capable of restraining the forces of war.     

马克思主义关于东方落后国家吸收西方文明成果的理论

"马克思主义东方学"认为,俄国和东方其他国家跨越资本主义的"卡夫丁峡谷",或者说顺利地展开社会主义建设的重要前提之一是吸收西方的文明成果;在无产阶级掌握政权的东方落后国家,为了提高生产力水平,发展国民经济,必须吸收西方文明成果.吸收西方文明成果的方法和途径是:学习和借鉴西方管理生产的方式;学习和利用西方先进的科学技术;学习和借鉴西方国家政治生活中积极的方面.     

Cracking Pandora’s box: The Soviet breakup and the onset of Buccaneer Capitalism

With the breakup of the Soviet Union and the advent of globalization, an international buccaneer capitalism has developed. Criminal enterprises that were previously intra-border have expanded across borders and provided for the willing buyers services and products not legally obtainable. This paper explains how buccaneer capitalism (the development of criminal enterprises conducted in emerging markets into legitimate businesses) has evolved. Examples of American buccaneer capitalism are presented as is a chart showing the Historiography of Russian/Soviet Crime.     

Soviet Household Saving Function

In this paper, the Soviet household saving function is estimated using reconstructed data from the unpublished archival material: the Soviet family budget survey data. In addition, a shortage indicator is developed to capture both household purchasing power in comparison with the availability of consumer goods in the official market and the spillover of the household demand for consumer goods from the official retail market to the secondary one. A long-run solution of the Soviet household saving function, which includes a shortage indicator as one of the independent variables, is estimated using these data. The reliability of the long-run solution is confirmed by the short-run dynamics of the Soviet household saving function, which satisfy super-exogeneity, parameter constancy, and several diagnostic tests. The highly significant coefficient of the shortage indicator suggests that Soviet household saving behaviour was affected by shortages of consumer goods during 1965–1989.     

The Rights of Man and the Ideological Struggle

In his report "On the Fiftieth Anniversary of the Union of Soviet Socialist Republics," Comrade L. I. Brezhnev emphasized that implementation of the peace program put forth by the Twenty-Fourth Party Congress does not mean cessation of the class struggle between the two systems in the spheres of the economy, politics, and ideology. "Nor can it be otherwise, for the world-view and class goals of socialism and capitalism are opposite and irreconcilable. But we will try to see that the historically inevitable struggle shifts into a channel that does not threaten wars, dangerous conflicts, and an uncontrollable arms race."     

Editor's Introduction

The future of socialism and of the former Soviet Union is the unifying theme of this issue of Russian Politics and Law. Swedish sociologist Per Månson asks whether the historic events of 1989-91 toll the death knell of the entire era of socialism or whether they signify the end merely of the Soviet variant of an otherwise viable ideology. Any answer to this question largely depends on whether the observer regards the former Soviet Union as having been a deformation of "genuine" socialism rather than its very embodiment. Månson believes the USSR was a caricature of real socialism, which, he argues, requires democratic control of the economy, not state control. Although Månson provides an excellent summary of the contradictions of social democracy, he does not explore in depth the posited distinction between "democratic" and "state" control of the economy in a democratic state.     

Rising crime rates amidst transformations in Eastern Europe: Socio‐political transition and societal response

Unprecedented and dramatic increases in crime rates in countries of Eastern Europe (data are available to document the increases for Poland, Bulgaria, Romania, the Czech Republic, Slovakia, and many of the former Soviet Republics) raise the issue of whether the political and social transformations that have been taking place in Eastern Europe must inevitably lead to social disruption and resulting crime increases. Since the nature of the phenomenon is historically unique (there has never been a similar revolutionary transition from socialism to capitalism), a new, unconventional, and innovative theoretical approach is needed to account for the phenomena being discussed here. Assuming that the transformations can be legitimately subsumed under the concept of ‘‘socio‐political process,’’ the purpose of the paper is to identify some basic and inherent characteristic features of the causal mechanism at work, specifically —?''How do the dynamics of the Eastern European socio‐political process explain the rising crime rates?'’ (''What causal factors inherent in the dynamics are responsible for the crime rises?'') Another issue to be examined is that because of the unprecedented nature of the process being talked about here, a different dimension of the socio‐political process theory must be realized and examined. The paper will be based on three hypotheses: 1. The Eastern European transformations imply a need for a new component of the socio‐political process theory (transition from socialism to capitalism, not vice versa as has historically been the case).

2. To the extent that crime is a product of socio‐political change, crime rates are bound to increase much more during a socialism‐to‐capitalism transition rather than during a capitalism‐to‐socialism transition.

3. Some inherent traits of socialism‐to‐capitalism transitions explain why crime rates increase much more during those transitions than during capitalism‐to‐socialism ones.

     

Russia and Ukraine: Transition or tragedy?

Conclusion The political-criminal nexus that emerged in the post-Soviet period represents a transformation of the relationships which existed in the Soviet period. The division of the property of the Soviet state gave ample possibilities for the political-criminal nexus to obtain significant political assets. They were able to transform their power from one that was rooted in the managerial apparatus of the Soviet state and the consumer economy into one with international dimensions and control of very large shares of the domestic economy. The rise of the political-criminal nexus, while hardly surprising in light of the structure of power relations in the final decades of the Soviet period, precludes full democratization or the rise of a real market economy. In the initial years of the transformation process from a socialist to a post-socialist economy, insufficient attention was paid to the containment of the political-criminal nexus in both Russia and Ukraine. Most Western politicians and international organizations focused on the collapse of communism rather than the rise of these pernicious alternative power relationships. The prognosis for the containment of the political-criminal nexus in either country is rather limited at the moment. Ukraine, however, is at a comparative disadvantage because it has failed to sufficiently acknowledge the high costs of organized crime and its political links. This has been done at the highest levels of Russian government although precious little has been done to address the problem. The Ukraine situation is more difficult because its institutional resources are much more limited than Russia which inherited a disproportionate share of the Soviet Union's financial and institutional resources. With limited civil society and the economic precariousness of much of the population, little can be done to control the problem at its roots. The political-criminal nexus in Russia and Ukraine will remain a serious problem in coming decades. It cannot be ignored in appraising the development of the domestic political situation in either country or determining foreign policy in relation to these two newly independent states.     

External shocks,economic reforms,and the foreign trade behavior of the Soviet Union,China, and Hungary, 1970–1987

This article examines the external shocks and subsequent adjustment processes in the Soviet Union, China, and Hungary during 1974–76, 1979–81, and 1984–87. It compares the experiences of the three socialist countries with regard to external shocks to those of inward-and outward-oriented groups of newly industrializing countries (NICs). In contrast to the NICs, terms of trade effects were of secondary magnitude to export demand effects of external shocks in the three socialist countries during the first two periods. The oil-exporting Soviet Union had beneficial terms of trade effects during the first two periods, with unfavorable effects coming only in the third period. The adjustment responses to the external shocks varied greatly in the Soviet Union from the other two reform-oriented socialist countries and from both groups of NICs. It is interesting to note that the types of responses in the Soviet Union were quite opposite to that one observes for market economies. However, reform-oriented China and Hungary seemed to have response patterns similar to those of market economies, though China's response was similar to the outward-oriented NICs, while Hungary's was similar to the inward-oriented NICs.     

Evolution of the Government–Business Relationship and Economic Performance in the Former Soviet States – Order State, Rescue State, Punish State

The objective of this paper is to elucidate the relationship between the reform process and economic performance in the states of the former Soviet Union (FSU). There were two strategies used by the former Soviet states to cope with the collapse of the USSR. Some of the FSU countries, in an effort to overcome the institutional vacuum caused by the disintegration of the federal economy, centralized their government authority to manage industry. Others decentralized power in an attempt to regain economic independence for domestic enterprises. To evaluate the essential differences and progress gaps among transition strategies, FSU countries can be divided into three groups, which reflect variations in institutional control of the government-business relationships. The differences in economic performance in FSU countries can be explained to some extent by examining the diversity of institutional patterns that characterize each category. The results of various empirical analyses positively support the validity of such an analytical framework. In this sense, this paper presents a new viewpoint on the transition process in FSU countries that may complement that shown in existing literature.     

Coercive psychiatry and human rights: An assessment of recent changes in the Soviet Union

Conclusion In light of the historical context in which the visit of the United States delegation took place, the emphasis was on the political abuse of psychiatry. It should be clear, however, that the repression of dissidents is only the most visible manifestation of a system of psychiatric control that has been, and continues to be, profoundly insensitive to human rights. Although some tentative steps have been taken to subject coercive psychiatry to the rule of law, these limited initiatives have not yet become operational. Implementation of the legal reforms recommended by the delegation would help to reduce the likelihood that the pattern of psychiatric repression will reemerge. But the proposed reforms have a larger purpose—to assure that the practice of psychiatry in the Soviet Union is properly respectful of fundamental human rights, whether or not the patients have engaged in political or religious dissent.This is a revised and expanded version of the Fifth Samuel and Kathryn Yochelson Lecture, delivered at Yale Law School, New Haven, Connecticut, U.S.A., September 28, 1989, and of a paper presented to the Second International Conference on Health Law and Ethics, London, England, July 21, 1989, which paper was reprinted in 18Law, Medicine, and Health Care 123 (1990).B.A., Johns Hopkins University 1966; LL.B., University of Virginia 1969. The author was one of two lawyers who served on an official United States Department of State delegation that visited the Soviet Union (February 26–March 12, 1989) at the request of the Soviet government to assess recent changes in psychiatry there. The U.S. delegation was led by Loren H. Roth, M.D., M.P.H. (psychiatric team leader) and Daniel A. Regier, M.D., M.P.H. (scientific director).This article summarizes the delegation's findings and, in so doing, draws heavily on its report, which was drafted by the delegation as a whole. However, the opinions expressed in this article are the author's and should not be attributed to the delegation.     

The CPSU in Figures

The working people of the land of soviets and all progressive humanity are solemnly marking the sixtieth anniversary of the Great October Socialist Revolution. This glorious anniversary was directly preceded by a political event of utmost importance in the history of our country and in international affairs - the adoption of the new USSR Constitution, reflecting the great achievements of the Soviet people since the triumph of October. A new historical landmark in our advance toward communism has been constitutionally affirmed - the building of a developed socialist society.     

Federal Relationships

The Great October Socialist Revolution, having abolished the rule of the exploiting classes, brought freedom from the age-long oppression of all the peoples of the former tsarist empire, granting them the right to self-determination up to and including secession. As a result of the triumph of the October Revolution, sovereign Soviet socialist republics came into being on the territory of what had been tsarist Russia. These republics established their own supreme organs of power and administration and became, like the RSFSR, states of a new, socialist type.     

On Revolutionary Democracy,Its State and Political System

In recent years much has been written about the contemporary revolutionary democracy of Afro-Asian countries, particularly in connection with the new experience of noncapitalist development or socialist orientation. Serious study of the revolutionary process in former colonial and semicolonial countries would be inconceivable without the formulation of this problem. Under the conditions of the general crisis of capitalism and the growing influence of scientific socialism, conceptions of the departure from capitalism, of the adoption of a noncapitalist path of development and of a socialist orientation in domestic and foreign policy, are developing and maturing in various Eastern countries as a result of the evolution of the ideas of national liberation and social justice and the fact that the leading champions of independence and progress are beginning to embrace scientific socialism. Study of the experience of the movement of Asian and African countries along the noncapitalist path shows that they have made major socioeconomic progress, but also reveals significant objective and subjective difficulties in the policies of the revolutionary democratic forces.     

Soviet discussion on enterprise incentives and methods of planning

For some years a discussion has been in progress among economists in the Soviet Union on methods of securing the active and positive participation of individual enterprises in a centrally planned economy. The main theme of discussion has been the problem: how to arrange the system of plan indices, prices, enterprise bonuses, etc. to encourage enterprise interest in higher plan assignments, introduction of new technology, and improvement of quality of output. On the following pages some excerpts from this debate are reproduced. However, since the problems discussed are now engaging also the Soviet political authorities, let us first quote a few sections from one of the many official statements made in this connection. The one we have chosen is from the report given by the Soviet Prime Minister N. S. Khrushchev at the CPSU Central Committee Plenary Meeting of November 19, 1962 (Pravda, November 20).     

Local Self-Government in Russia: An Unrealized Project

It so happened that, in 1989, A. Migranian and I initiated a long discussion over whether we, like many other countries, are fated to go through a period of authoritarian government during the transition to a modern market economy. It has also transpired that some people (as a rule from the ranks of the most radical democrats) who at the time refused even to pose the question of a "firm hand" and who saw no difference between pointing out the possibility of authoritarianism and calling for its introduction now cannot even imagine further progressive development of our homeland without such a "firm hand" and are placing all their hopes in this (guided, of course, by an enlightened head).     

关于苏共执政方式转换失败的思考

苏共传统的执政模式具有权力高度集中、个人专断、滥用权力、决策失误和政治腐败等严重弊端.苏共对其执政模式的改革先后犯下了左倾和右倾错误,从而导致改革的失败.苏共执政模式的衰败是苏共丧失执政地位的重要制度性因素.在新的挑战面前,社会主义国家执政党必须实现执政方式的转换.在遵循适时、稳定和渐进原则的前提下,变具有强制性、直接性、集权性、人治性的传统执政方式为具有合法性、间接性、民主性、法治性的现代执政方式.