Part 2 (The Cage of Ideology)--On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory

(Pix (c) Larry Catá Backer 2015)

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. For 2015 this site introduces a new theme: On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory.

This Post includes Part 2, The Cage of Ideology--The History of the General Program and the Constitution of the Chinese Communist Party

With thanks to San Gao (Penn State Law SJD expected) who researched and prepared much that follows.

Table of Contents

Part I (Theoretical Foundations)--On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory

(Pix (c) Larry Catá Backer 2015)

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. For 2015 this site introduces a new theme: On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory.

This Post includes Part I, Theoretical Foundations: The General Program in the Chinese Constitutional Complex

Table of Contents 

Introduction: On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory

(Pix (c) Larry Catá Backer 2015)

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. For 2015 this site introduces a new theme: On a Constitutional Theory for China--From the General Program of the Chinese Communist Party to Political Theory.

This Post includes an (1) Introduction to this project, a (2) Table of Contents, the General Program of the Chinese Communist Party Constitution, and a (4) short description and list (with links) of themes from prior series.

Table of Contents

I. Introduction

--Part I: Theoretical Foundations: The General Program in the Chinese Constitutional Complex.

--Part 2: The Cage of Ideology: History of the General Program and the Constitution of the CCP.

II. Fundamental Principles

--Part 3: The CCP and Its Vanguard Role (¶ 1 General Program). 

--Part 4: The CCP's Guidebook (¶ 2 General Program).

--Part 5: Marxism-Leninism With Chinese Characteristics (¶ 3 General Program).

--Part 6  Mao Zedong Thought (¶ 4 General Program).

--Part 7 Deng Xiaoping Theory (¶ 5 General Program).

--Part 8  Important Thought of Three Represents (¶ 6 General Program).

--Part 9 Scientific Outlook on Development (¶ 7 General Program).

--Part 10 Cage of Principle-Cage of Policy (¶ 8 General Program).

--Part 11 Socialist Modernization and Class Struggle (¶ 9 General Program).

III. From Principles to Policy: The CCP's Basic Line

--Part 12 The Basic Line of the CCP (¶ 10 General Program).

--Part 13 The CCP Basic Line-Economic Development (¶ 11 General Program).

--Part 14 The CCP Basic Line-The Four Cardinal Principles (¶ 12 General Program).

--Part 15 The CCP Basic Line-Reform and Opening Up (¶ 13 General Program).

IV.  From Policy to Implementation: The CCP's Leadership Role

--Part 16 CCP Leadership-The Socialist Marker Economy (¶ 14 General Program).

--Part 17 CCP Leadership-Socialist Democracy (¶ 15 General Program).

--Part 18 CCP Leadership-Socialist Culture (¶ 16 General Program).

--Part 19 CCP Leadership-Harmonious Socialist Society (¶ 17 General Program).

--Part 20 CCP Leadership-Socialist Ecological Progress (¶ 18 General Program).

--Part 21 CCP Leadership-People's Liberation Army (¶ 19 General Program).

V. Outside Relations

--Part 22 Socialist Ethnic Relations (¶ 20 General Program).

--Part 23 Political and Territorial Unity (¶ 21 General Program).

--Part 24 Foreign Relations and Communist internationalism (¶ 22 General Program).

VI. Party Building

--Part 25 Framework for Party Building (¶ 23 General Program).

--Part 26 Party Building Framework: The CCP Line (¶ 24 General Program).

--Part 27 Party Building Framework: The Ideological Line and Working Style (¶ 25 General Program).

--Part 28 Party Building Framework: The Relationship to the People; the "Mass Line" (¶ 26 General Program).

--Part 29 Party Building Framework: Democratic Centralism (¶ 27 General Program).

--Part 30 Party Building Framework: Leadership (¶ 28 General Program).

VII. Theory Building: Form and Coherence Advancing Political Theory

--Part 31 (The Constitutional Character of the General Program).

Teaching About the Legal and Societal Obligations of Enterprises--Some Video Resources

(Pix (c) Larry catá Backer 2015)

Sometimes videos serve as a more useful means of introducing a subject or provoking discussion than lots and lots of words (though those inevitably follow). For those interested using video as an entry point for discussing the issues around the activities of business that touch on human rights or the societal responsibilities of business (and perhaps the political obligations of the states that ought to manage these behaviors), with no judgment or endorsement of the politics of these suggestions except as entry point for discussion and analysis the following is offered:

From the Business and Human Rights Resource Centre: Annual Legal Accountability Annual Briefing

(Pix (c) Larry Catá Backer 2015)

The folks at the Business and Human Rights Resource Centre have recently announced the distribution of their Corporate Legal Accountability Annual Briefing.  There are many useful resources and insights worth considering.  One might also reference the Centre’s Corporate Legal Accountability Portal (case profiles on over 100 lawsuits in all parts of the world, with expert commentary). 

The announcement follows with links.  The most interesting portions of the report consider what the BHRRC considers to be a narrowing of extraterritoriality application by home states.  I have tended to view that as a positive development, though it might not appear so to civil society actors taking a short term view of governance developments (from the Executive Summary: e.g., "The ability to hold a company legally accountable for human rights abuses, somewhere in the world, is the lynchpin to encourage business to respect human rights" pp. 2). My sense is that the lynchpin lies elsewhere (see HERE).   But what is suggested as a narrowing of extraterritoriality might merely mean a shift of locus of suit. More troubling are the increased harassment of human rights workers by multinational enterprises strategically using the legal system for potentially unethical ends.  The root of the strategy is grounded in an effort to exploit power and financial disparities to increase the transaction costs of monitoring enterprises.  It is here that there is a role for states, one they are unlikely to embrace.

New Paper Posted: Corporate Social Responsibility in Weak Governance Zones

Santa Clara University, its Center for Global Law and Policy and the Journal of International Law at Santa Clara University School of Law is hosting a  symposium  on "Critical Global Business Issues: When Theory Meets Practice". The event, to be held 6-7 February, 2015 will focus on critical legal issues affecting companies doing business globally. See here.

(Pix (c) Larry Catá Backer 2015)

For that Symposium I will be presenting a paper entitled, Corporate Social Responsibility in Weak Governance Zones.

The abstract follows.
The POWERPOINT may be accessed HERE
The paper may be accessed HERE.