Saturday, February 14, 2015

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).

(Pix (c) Larry Catá Backer 2015)


In her marvelous analysis, A short note "On Larry Catà Backer's theory of the Chinese constitutional order," Flora Sapio performed "an intellectual exercise, therefore I will not set out to dismantle the theory of Party-State Constitutionalism, but sketch out a possible strategy to do so." (Ibid). Within that exercise was a powerful challenge to the genesis of s theory of Party-State constitutionalism:
A more viable move to challenge the theory of Chinese Party-State Constitutionalism has to start from somewhere else. The theory of Chinese Party-State Constitutionalism is not an autonomous theory, but the application of a taxonomy (the taxonomy of constitutionalism) to a specific political-institutional context. Those who have an interest in advocating for the superiority of one value system over the others –- and who do not realise how by merely conceiving this idea they have reacted exactly as the taxonomy predicts –- may want to attack the taxonomy itself. Proving that the taxonomy does not reach its goals is sufficient to take the ground from under the theory of Chinese Party-State Constitutionalism. (Sapio, "On Larry Catà Backer's theory of the Chinese constitutional order").
Professor Sapio correctly notes that the constitutionalism framework within which  a Party-State theory is developed may contain a contradiction that may not be explained by the theory itself.
The Constitutionalism Framework has been designed as a meta-ideological device and while it has an extraordinary explanatory power at the meta-level, it is still possible to hypothesize a case this framework cannot account for. This hypothetical case would see the existence, within the Marxist-Leninist family, of two parties organized along Leninist lines, which share the same ideology and the same metric of substantive values. One would not expect either party to adhere to classical Marxism-Leninism, but the statute of each party should at least claim to profess a version of Marxism-Leninism that has been adapted to its historical and cultural context. Both parties would have to be the locus of supreme political power within their respective political community, delegate administrative power to their state apparata and – these are fundamental conditions – claim the superiority of their own variant of Leftist ideology, trying to wield sovereign power over the same territory and the same people. (Sapio, "On Larry Catà Backer's theory of the Chinese constitutional order").

What Professor Sapio proposes, and quite brilliantly, is the contradiction inherent where one might convenience of a "one ideology-- two vanguard parties" system. It is, in a sense, the heart of the contradiction that must be explored within a more realistic  situation--the one country two systems ideological framework within which China is now organized. This is the challenge is taken up here. I will undertake, without at first knowing the possible outcome, to work through the possibility of two parties-one ideology within the broader context of a one country two systems framework, as theory. In the process I will seek, freehand (that is without the burden of constructing a theoretical Frankenstein out of the bits and pieces of theory-insight I might take from others), to read through the Chinese Communist Parity (CCP) Constitution General Program, and from it to elaborate a substantive theory of Marxist-Leninism  that might either prove the contradiction wrong, or proving its value, develop the underlying ideology in ways that might overcome its current contradictions.   In the process, it may be possible to further elaborate the constitutional taxonomic framework I have been building, and a more refined and scientifically developed ideological ordering of the system now under (rapid) construction in China.

The General Program of the Chinese Communist Part Constitution follows.  It has been divided into units denominated by  a bracketed number ([n]).  The postings that follow will each focus on 

General Program

[1] The Communist Party of China is the vanguard both of the Chinese working class and of the Chinese people and the Chinese nation. It is the core of leadership for the cause of socialism with Chinese characteristics and represents the development trend of China's advanced productive forces, the orientation of China's advanced culture and the fundamental interests of the overwhelming majority of the Chinese people. The realization of communism is the highest ideal and ultimate goal of the Party.

[2] The Communist Party of China takes Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents and the Scientific Outlook on Development as its guide to action.

[3] Marxism-Leninism brings to light the laws governing the development of the history of human society. Its basic tenets are correct and have tremendous vitality. The highest ideal of communism pursued by the Chinese Communists can be realized only when the socialist society is fully developed and highly advanced. The development and improvement of the socialist system is a long historical process. So long as the Chinese Communists uphold the basic tenets of Marxism-Leninism and follow the road suited to China's specific conditions and chosen by the Chinese people of their own accord, the socialist cause in China will be crowned with final victory.

[4] The Chinese Communists, with Comrade Mao Zedong as their chief representative, created Mao Zedong Thought by integrating the basic tenets of Marxism-Leninism with the concrete practice of the Chinese revolution. Mao Zedong Thought is Marxism-Leninism applied and developed in China; it consists of a body of theoretical principles concerning the revolution and construction in China and a summary of experience therein, both of which have been proved correct by practice; and it represents the crystallized, collective wisdom of the Communist Party of China. Under the guidance of Mao Zedong Thought, the Communist Party of China led the people of all ethnic groups in the country in their prolonged revolutionary struggle against imperialism, feudalism and bureaucrat-capitalism, winning victory in the new-democratic revolution and founding the People's Republic of China, a people's democratic dictatorship. After the founding of the People's Republic, it led them in carrying out socialist transformation successfully, completing the transition from New Democracy to socialism, establishing the basic system of socialism and developing socialism economically, politically and culturally.

[5] After the Third Plenary Session of the Eleventh Party Central Committee, the Chinese Communists, with Comrade Deng Xiaoping as their chief representative, analyzed their experience, both positive and negative, gained since the founding of the People's Republic, emancipated their minds, sought truth from facts, shifted the focus of the work of the whole Party onto economic development and carried out reform and opening to the outside world, ushering in a new era of development in the cause of socialism, gradually formulating the line, principles and policies concerning the building of socialism with Chinese characteristics and expounding the basic questions concerning the building, consolidation and development of socialism in China, and thus creating Deng Xiaoping Theory. Deng Xiaoping Theory is the outcome of the integration of the basic tenets of Marxism-Leninism with the practice of contemporary China and the features of the times, a continuation and development of Mao Zedong Thought under new historical conditions; it represents a new stage of development of Marxism in China, it is Marxism of contemporary China and it is the crystallized, collective wisdom of the Communist Party of China. It is guiding the socialist modernization of China from victory to victory.

[6] After the Fourth Plenary Session of the Thirteenth Party Central Committee and in the practice of building socialism with Chinese characteristics, the Chinese Communists, with Comrade Jiang Zemin as their chief representative, acquired a deeper understanding of what socialism is, how to build it and what kind of party to build and how to build it, accumulated new valuable experience in running the Party and state and formed the important thought of Three Represents. The important thought of Three Represents is a continuation and development of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory; it reflects new requirements for the work of the Party and state arising from the developments and changes in China and other parts of the world today; it serves as a powerful theoretical weapon for strengthening and improving Party building and for promoting self-improvement and development of socialism in China; and it is the crystallized, collective wisdom of the Communist Party of China. It is a guiding ideology that the Party must uphold for a long time to come. Persistent implementation of the Three Represents is the foundation for building the Party, the cornerstone for its governance and the source of its strength.

[7] Since the Party's Sixteenth National Congress, the Chinese Communists with Comrade Hu Jintao as their chief representative, following the guidance of Deng Xiaoping Theory and the important thought of Three Represents, have gained a deep understanding of major questions such as what kind of development China should achieve under new conditions and how it should achieve it to meet new requirements for development and answered these questions, and thus developed the Scientific Outlook on Development that puts people first and calls for comprehensive, balanced and sustainable development. The Scientific Outlook on Development is a scientific theory that is both in keeping with Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents and is in step with the times. It fully embodies the Marxist worldview on and methodology for development and represents the latest achievement in adapting Marxism to China's conditions. It is the crystallization of the collective wisdom of the Communist Party of China and a guiding ideology that must be upheld and applied in developing socialism with Chinese characteristics.

[8] The fundamental reason behind all of China's achievements and progress since the reform and opening up policy was introduced is, in the final analysis, that the Party has blazed a path of socialism with Chinese characteristics, formulated the system of theories of socialism with Chinese characteristics, and established the socialist system with Chinese characteristics. All Party members must cherish the path, the theories and the socialist system that the Party has explored and created after going through all the hardships; and they must keep to them all the time and continue to develop them. They must hold high the great banner of socialism with Chinese characteristics and strive to fulfill the three historic tasks of advancing the modernization drive, achieving national reunification, and safeguarding world peace and promoting common development.

[9] China is in the primary stage of socialism and will remain so for a long time to come. This is a historical stage which cannot be skipped in socialist modernization in China which is backward economically and culturally. It will last for over a hundred years. In socialist construction the Party must proceed from China's specific conditions and take the path of socialism with Chinese characteristics. At the present stage, the principal contradiction in Chinese society is one between the ever-growing material and cultural needs of the people and the low level of production. Owing to both domestic circumstances and foreign influences, class struggle will continue to exist within a certain scope for a long time and may possibly grow acute under certain conditions, but it is no longer the principal contradiction. In building socialism, the basic task is to further release and develop the productive forces and achieve socialist modernization step by step by carrying out reform in those aspects and links of the production relations and the superstructure that do not conform to the development of the productive forces. The Party must uphold and improve the basic economic system, with public ownership playing a dominant role and different economic sectors developing side by side, as well as the system of distribution under which distribution according to work is dominant and a variety of modes of distribution coexist, encourage some areas and some people to become rich first, gradually eliminate poverty, achieve common prosperity, continuously meet the people's ever-growing material and cultural needs on the basis of the growth of production and social wealth and promote people's all-around development. Development is the Party's top priority in governing and rejuvenating the country. The general starting point and criterion for judging all the Party's work should be how it benefits development of the productive forces in China's socialist society, adds to the overall strength of socialist China and improves the people's living standards. The Party must respect work, knowledge, talent and creation and ensure that development is for the people, by the people and with the people sharing in its fruits. The beginning of the new century marks China's entry into the new stage of development of building a moderately prosperous society in all respects and accelerating socialist modernization. The Party must promote all-around economic, political, cultural, social, and ecological progress in accordance with the overall plan for the cause of socialism with Chinese characteristics. The strategic objectives of economic and social development at this new stage in the new century are to consolidate and develop the relatively comfortable life initially attained, bring China into a moderately prosperous society of a higher level to the benefit of well over one billion people by the time of the Party's centenary and bring the per capita GDP up to the level of moderately developed countries and realize modernization in the main by the time of the centenary of the People's Republic of China.

[10] The basic line of the Communist Party of China in the primary stage of socialism is to lead the people of all ethnic groups in a concerted, self-reliant and pioneering effort to turn China into a prosperous, strong, democratic, culturally advanced and harmonious modern socialist country by making economic development the central task while upholding the Four Cardinal Principles and the reform and opening up policy.

[11] In leading the cause of socialism, the Communist Party of China must persist in taking economic development as the central task, making all other work subordinate to and serve this central task. The Party must lose no time in speeding up development, implement the strategy of rejuvenating the country through science and education, the strategy of strengthening the nation with trained personnel and the strategy of sustainable development, and give full play to the role of science and technology as the primary productive force. The Party must take advantage of the advancement of science and technology to improve the quality of workers and promote sound and rapid development of the national economy.

[12] The Four Cardinal Principles - to keep to the socialist road and to uphold the people's democratic dictatorship, leadership by the Communist Party of China, and Marxism-Leninism and Mao Zedong Thought - are the foundation on which to build the country. Throughout the course of socialist modernization the Party must adhere to the Four Cardinal Principles and combat bourgeois liberalization.

[13] Reform and opening up are the path to a stronger China. Only reform and opening up can enable China, socialism and Marxism to develop themselves. The Party must carry out fundamental reform of the economic structure that hampers the development of the productive forces, and keep to and improve the socialist market economy; it must also carry out corresponding political restructuring and reform in other fields. The Party must adhere to the basic state policy of opening up and assimilate and exploit the achievements of all other cultures. It must be bold in making explorations and breaking new ground in reform and opening up, make its reform decisions more scientific, better coordinate its reform measures and blaze new trails in practice.

[14] The Communist Party of China leads the people in developing the socialist market economy. It unwaveringly consolidates and develops the public sector of the economy and unswervingly encourages, supports and guides the development of the non-public sector. It gives play to the basic role of market forces in allocating resources and works to set up a sound system of macroeconomic regulation. The Party works to balance urban and rural development, development among regions, economic and social development, relations between man and nature, and domestic development and opening to the outside world; adjust the economic structure, and transform the growth model. It is dedicated to promoting harmonized development of industrialization, IT application, urbanization and agricultural modernization, building a new socialist countryside, taking a new path of industrialization with Chinese characteristics, and making China an innovative country.

[15] The Communist Party of China leads the people in promoting socialist democracy. It integrates its leadership, the position of the people as masters of the country, and the rule of law, takes the path of political development under socialism with Chinese characteristics, expands socialist democracy, improves the socialist legal system, builds a socialist country under the rule of law, consolidates the people's democratic dictatorship, and builds socialist political civilization. It upholds and improves the system of people's congresses, the system of multiparty cooperation and political consultation under its leadership, the system of regional ethnic autonomy, and the system of self-governance at the primary level of society. It makes people's democracy more extensive, fuller in scope and sounder in practice. It takes effective measures to protect the people's right to manage state and social affairs as well as economic and cultural programs. It respects and safeguards human rights. It encourages the free airing of views and works to establish sound systems and procedures of democratic election, decision-making, administration and oversight. It improves the socialist system of laws with Chinese characteristics and strengthens law enforcement, so as to bring all work of the state under the rule of law.

[16] The Communist Party of China leads the people in developing an advanced socialist culture. It promotes socialist cultural and ethical progress, combines the rule of law and the rule of virtue in running the country and works to raise the ideological and moral standards and scientific and educational levels of the entire nation so as to provide a powerful ideological guarantee, motivation and intellectual support for reform, opening up and socialist modernization, and develop a strong socialist culture in China. It promotes core socialist values, adheres to Marxism as its guiding ideology, fosters the common ideal of socialism with Chinese characteristics, promotes patriotism-centered national spirit and the spirit of the times centering on reform and innovation and advocates the socialist maxims of honor and disgrace. It works to enhance the people's sense of national dignity, self-confidence and self-reliance, resist corrosion by decadent capitalist and feudal ideas and wipe out all social evils so that the people will have high ideals, moral integrity, a good education and a strong sense of discipline. It also needs to imbue its members with the lofty ideal of communism. The Party strives to develop educational, scientific and cultural programs, carry forward the fine traditional culture of the Chinese nation, and develop a thriving socialist culture.

[17] The Communist Party of China leads the people in building a harmonious socialist society. In accordance with the general requirements for democracy and the rule of law, equity and justice, honesty and fraternity, vigor and vitality, stability and order, and harmony between man and nature and the principle of all the people building and sharing a harmonious socialist society, the Party focuses its efforts on ensuring and improving the people's wellbeing by solving the most specific problems of the utmost and immediate concern to the people, works to enable all the people to share in more fruits of development in a more equitable way, and strives to create a situation in which all people do their best, find their proper places in society and live together in harmony. The Party strengthens and makes innovations in social management. It strictly distinguishes between the two different types of contradictions - those between ourselves and the enemy and those among the people - and works to handle them correctly. It will strengthen comprehensive measures to maintain law and order, and resolutely combat criminal activities that endanger national security and interests, social stability and economic development and bring criminals to justice in accordance with the law, so as to maintain lasting social stability.

[18] The Communist Party of China leads the people in promoting socialist ecological progress. It raises its ecological awareness of the need to respect, accommodate to and protect nature; follows the basic state policy of conserving resources and protecting the environment and the principle of giving high priority to conserving resources, protecting the environment and promoting its natural restoration; and pursues sound development that leads to increased production, affluence and a good ecosystem. The Party strives to build a resource-conserving, environmentally friendly society; and preserves China's geographical space and improves its industrial structure and mode of production and the Chinese way of life in the interest of conserving resources and protecting the environment. All this is aimed at creating a good working and living environment for the people and ensuring lasting and sustainable development of the Chinese nation.

[19] The Communist Party of China persists in its leadership over the People's Liberation Army and other armed forces of the people, builds up the strength of the People's Liberation Army, ensures that it accomplishes its historic missions at this new stage in the new century, and gives full play to its role in consolidating national defense, defending the motherland and participating in the socialist modernization drive.

[20] The Communist Party of China upholds and promotes socialist ethnic relations based on equality, solidarity, mutual assistance and harmony, actively trains and promotes cadres from among ethnic minorities, helps ethnic minorities and ethnic autonomous areas with their economic, cultural and social development, and ensures that all ethnic groups work together for common prosperity and development. The Party strives to fully implement its basic principle for its work related to religious affairs, and rallies religious believers in making contributions to economic and social development.

[21] The Communist Party of China rallies all workers, farmers and intellectuals, and all the democratic parties, personages without party affiliation and the patriotic forces of all ethnic groups in China in further expanding and fortifying the broadest possible patriotic united front embracing all socialist workers, all builders of the cause of socialism and all patriots who support socialism or who support the reunification of the motherland. The Party will constantly strengthen the unity of all the Chinese people, including the compatriots in Hong Kong and Macao special administrative regions and in Taiwan as well as overseas Chinese. It will promote long-term prosperity and stability in Hong Kong and Macao and complete the great cause of reunifying the motherland in conformity with the principle of "one country, two systems."

[22] The Communist Party of China adheres to an independent foreign policy of peace, follows the path of peaceful development and a win-win strategy of opening up, takes both the domestic and international situations into consideration, and vigorously develops relations with other countries in order to bring about a favorable international environment for China's reform, opening up and modernization. In international affairs, it safeguards China's independence and sovereignty, opposes hegemonism and power politics, defends world peace, promotes human progress, and pushes for the building of a harmonious world of lasting peace and common prosperity. It develops relations between China and other countries on the basis of the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, noninterference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence. It strives for the constant development of good-neighborly relations between China and the surrounding countries and for the strengthening of the unity and cooperation between China and other developing countries. The Communist Party of China develops relations with communist parties and other political parties in other countries in accordance with the principles of independence, complete equality, mutual respect and noninterference in each other's internal affairs.

[23] In order to lead the people of all ethnic groups in China in attaining the great goal of socialist modernization, the Communist Party of China must adhere to its basic line, strengthen its governance capability, advanced nature and purity and comprehensively carry forward the great new undertaking to build itself in a spirit of reform and innovation. The Party must make all-around efforts to strengthen itself ideologically and organizationally and improve its conduct; and it must become better able to combat corruption and uphold Party integrity and improve Party rules and regulations, thus making Party building more scientific in all respects. It must steadfastly build itself for public interests, exercise governance for the people, practice self-discipline, be strict with its members, and carry forward its fine traditions and style of work. It must constantly improve its art of leadership and governance, raise its ability to resist corruption, prevent degeneration and withstand risks, constantly strengthen its class foundation, expand its mass base and enhance its creativity, cohesion and combat effectiveness, and build itself into a learning, service-oriented and innovative Marxist governing party, so that it will stand forever in the forefront of the times and make itself a strong nucleus that can lead all the Chinese people in the unceasing march along the road of socialism with Chinese characteristics. In building itself, the Party must be determined to meet the following four essential requirements:

[24] First, adhering to the Party's basic line. The whole Party must achieve unity in thinking and action with Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and the Party's basic line, and persevere in doing so for a long time to come. The Party must integrate the reform and opening up policy with the Four Cardinal Principles, carry out its basic line in all fields of endeavor, implement in an all-around way its basic program for the primary stage of socialism and combat all "Left" and Right erroneous tendencies, maintaining vigilance against Right tendencies, primarily against "Left" tendencies. The Party must intensify the building of leading bodies at all levels, selecting and promoting cadres who have scored outstanding achievements in their public service and have won the trust of the masses in reform, opening up and the modernization drive, and train and cultivate millions upon millions of successors to the cause of socialism, thus ensuring organizationally the implementation of the Party's basic theory, line, program and experience.

[25] Second, persevering in emancipating the mind, seeking truth from facts, keeping up with the times, and being realistic and pragmatic. The Party's ideological line is to proceed from reality in handling all matters, to integrate theory with practice, to seek truth from facts, and to verify and develop the truth through practice. All Party members must adhere to this ideological line, explore new ways, boldly experiment with new methods, go in for innovation, work creatively, constantly study new situations, review new experience and solve new problems, enrich and develop Marxism in practice, and advance the endeavor to adapt Marxism to Chinese conditions.

[26] Third, persevering in serving the people wholeheartedly. The Party has no special interests of its own apart from the interests of the working class and the broadest masses of the people. At all times the Party gives top priority to the interests of the people, shares weal and woe with them, maintains the closest possible ties with them, and persists in exercising power for them, showing concern for them and working for their interests, and it does not allow any member to become divorced from the masses or place himself or herself above them. The Party follows the mass line in its work, doing everything for the masses, relying on them in every task, carrying out the principle of "from the masses, to the masses," and translating its correct views into action by the masses of their own accord. The biggest political advantage of the Party lies in its close ties with the masses while the biggest potential danger for it as a governing party comes from its divorce from them. The Party's style of work and its maintenance of ties with the masses of the people are a matter of vital importance to the Party. The Party will establish a sound system for punishing and preventing corruption by fighting it in a comprehensive way, addressing both its symptoms and root cause and combining punishment with prevention, with the emphasis on prevention. The Party will persistently oppose corruption and step up efforts to improve its style of work and uphold integrity.

[27] Fourth, upholding democratic centralism. Democratic centralism is a combination of centralism on the basis of democracy and democracy under centralized guidance. It is the fundamental organizational principle of the Party and is also the mass line applied in the Party's political activities. The Party must fully expand intra-Party democracy, respect the principal position of its members, safeguard their democratic rights, and give play to the initiative and creativity of Party organizations at all levels as well as its members. Correct centralism must be practiced so as to ensure the solidarity, unity and concerted action in the whole Party and prompt and effective implementation of its decisions. The sense of organization and discipline must be strengthened, and all members are equal before Party discipline. Oversight of leading Party organs and of Party members holding leading positions, particularly principal leading cadres, must be strengthened and the system of intra-Party oversight constantly improved. In its internal political activities, the Party conducts criticism and self-criticism in the correct way, waging ideological struggles over matters of principle, upholding truth and rectifying mistakes. Diligent efforts must be made to create a political situation in which there are both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind and liveliness.

[28] Leadership by the Party means mainly political, ideological and organizational leadership. The Party must meet the requirements of reform, opening up and socialist modernization, persist in scientific, democratic and law-based governance, and strengthen and improve its leadership. Acting on the principle that the Party commands the overall situation and coordinates the efforts of all quarters, the Party must play the role as the core of leadership among all other organizations at the corresponding levels. It must concentrate on leading economic development, organize and coordinate all forces in a concerted effort to focus on economic development and promote all-around economic and social development. The Party must practice democratic and scientific decision-making; formulate and implement the correct line, principles and policies; do its organizational, publicity and educational work well and make sure that all Party members play an exemplary and vanguard role. The Party must conduct its activities within the framework of the Constitution and laws of the country. It must see to it that the legislative, judicial and administrative organs of the state and the economic, cultural and people's organizations work with initiative and independent responsibility and in unison. The Party must strengthen its leadership over trade unions, the Communist Youth League, women's federations and other mass organizations, and give full scope to their roles. The Party must adapt itself to the march of events and changing circumstances, improving its system and style of leadership and raising its governance capability. Party members must work in close cooperation with non-Party persons in the common endeavor to build socialism with Chinese characteristics.



2 中国共产党以马克思列宁主义、毛泽东思想、邓小平理论和“三个代表”重要思想作为自己的行动指南。

3马克思列宁主义揭示了人类社会历史发展的规律,它的基本原理是正确的,具有强大的生命力。中国共产党人追求的共产主义最高理想,只 有在社会主义社会充分发展和高度发达的基础上才能实现。社会主义制度的发展和完善是一个长期的历史过程。坚持马克思列宁主义的基本原理,走中国人民自愿选 择的适合中国国情的道路,中国的社会主义事业必将取得最终的胜利。

4以毛泽东同志为主要代表的中国共产党人,把马克思列宁主义的基本原理同中国革命的具体实践结合起来,创立了毛泽东思想。毛泽东思想 是马克思列宁主义在中国的运用和发展,是被实践证明了的关于中国革命和建设的正确的理论原则和经验总结,是中国共产党集体智慧的结晶。在毛泽东思想指引 下,中国共产党领导全国各族人民,经过长期的反对帝国主义、封建主义、官僚资本主义的革命斗争,取得了新民主主义革命的胜利,建立了人民民主专政的中华人 民共和国;建国以后,顺利地进行了社会主义改造,完成了从新民主主义到社会主义的过渡,确立了社会主义基本制度,发展了社会主义的经济、政治和文化。

5十一届三中全会以来,以邓小平同志为主要代表的中国共产党人,总结建国以来正反两方面的经验,解放思想,实事求是,实现全党工作中 心向经济建设的转移,实行改革开放,开辟了社会主义事业发展的新时期,逐步形成了建设中国特色社会主义的路线、方针、政策,阐明了在中国建设社会主义、巩 固和发展社会主义的基本问题,创立了邓小平理论。邓小平理论是马克思列宁主义的基本原理同当代中国实践和时代特征相结合的产物,是毛泽东思想在新的历史条 件下的继承和发展,是马克思主义在中国发展的新阶段,是当代中国的马克思主义,是中国共产党集体智慧的结晶,引导着我国社会主义现代化事业不断前进。

6十三届四中全会以来,以江泽民同志为主要代表的中国共产党人,在建设中国特色社会主义的实践中,加深了对什么是社会主义、怎样建设 社会主义和建设什么样的党、怎样建设党的认识,积累了治党治国新的宝贵经验,形成了“三个代表”重要思想。“三个代表”重要思想是对马克思列宁主义、毛泽 东思想、邓小平理论的继承和发展,反映了当代世界和中国的发展变化对党和国家工作的新要求,是加强和改进党的建设、推进我国社会主义自我完善和发展的强大 理论武器,是中国共产党集体智慧的结晶,是党必须长期坚持的指导思想。始终做到“三个代表”,是我们党的立党之本、执政之基、力量之源。

7十六大以来,党中央坚持以邓小平理论和“三个代表”重要思想为指导,根据新的发展要求,集中全党智慧,提出了以人为本、全面协调可 持续发展的科学发展观。科学发展观,是同马克思列宁主义、毛泽东思想、邓小平理论和“三个代表”重要思想既一脉相承又与时俱进的科学理论,是我国经济社会 发展的重要指导方针,是发展中国特色社会主义必须坚持和贯彻的重大战略思想。

8 改革开放以来我们取得一切成绩和进步的根本原因,归结起来就是:开辟了中国特色社会主义道路,形成了中国特色社会主义理论体系。全 党同志要倍加珍惜、长期坚持和不断发展党历经艰辛开创的这条道路和这个理论体系,高举中国特色社会主义伟大旗帜,为实现推进现代化建设、完成祖国统一、维 护世界和平与促进共同发展这三大历史任务而奋斗。

9 我国正处于并将长期处于社会主义初级阶段。这是在经济文化落后的中国建设社会主义现代化不可逾越的历史阶段,需要上百年的时间。我 国的社会主义建设,必须从我国的国情出发,走中国特色社会主义道路。在现阶段,我国社会的主要矛盾是人民日益增长的物质文化需要同落后的社会生产之间的矛 盾。由于国内的因素和国际的影响,阶级斗争还在一定范围内长期存在,在某种条件下还有可能激化,但已经不是主要矛盾。我国社会主义建设的根本任务,是进一 步解放生产力,发展生产力,逐步实现社会主义现代化,并且为此而改革生产关系和上层建筑中不适应生产力发展的方面和环节。必须坚持和完善公有制为主体、多 种所有制经济共同发展的基本经济制度,坚持和完善按劳分配为主体、多种分配方式并存的分配制度,鼓励一部分地区和一部分人先富起来,逐步消灭贫穷,达到共 同富裕,在生产发展和社会财富增长的基础上不断满足人民日益增长的物质文化需要,促进人的全面发展。发展是我们党执政兴国的第一要务。各项工作都要把有利 于发展社会主义社会的生产力,有利于增强社会主义国家的综合国力,有利于提高人民的生活水平,作为总的出发点和检验标准,尊重劳动、尊重知识、尊重人才、 尊重创造,做到发展为了人民、发展依靠人民、发展成果由人民共享。跨入新世纪,我国进入全面建设小康社会、加快推进社会主义现代化的新的发展阶段。必须按 照中国特色社会主义事业总体布局,全面推进经济建设、政治建设、文化建设、社会建设。在新世纪新阶段,经济和社会发展的战略目标是,巩固和发展已经初步达 到的小康水平,到建党一百年时,建成惠及十几亿人口的更高水平的小康社会;到建国一百年时,人均国内生产总值达到中等发达国家水平,基本实现现代化。


11中国共产党在领导社会主义事业中,必须坚持以经济建设为中心,其他各项工作都服从和服务于这个中心。要抓紧时机,加快发展,实施科 教兴国战略、人才强国战略和可持续发展战略,充分发挥科学技术作为第一生产力的作用,依靠科技进步,提高劳动者素质,促进国民经济又好又快发展。


13坚持改革开放,是我们的强国之路。要从根本上改革束缚生产力发展的经济体制,坚持和完善社会主义市场经济体制;与此相适应,要进行 政治体制改革和其他领域的改革。要坚持对外开放的基本国策,吸收和借鉴人类社会创造的一切文明成果。改革开放应当大胆探索,勇于开拓,提高改革决策的科学 性,增强改革措施的协调性,在实践中开创新路。

14中国共产党领导人民发展社会主义市场经济。毫不动摇地巩固和发展公有制经济,毫不动摇地鼓励、支持、引导非公有制经济发展。发挥市 场在资源配置中的基础性作用,建立完善的宏观调控体系。统筹城乡发展、区域发展、经济社会发展、人与自然和谐发展、国内发展和对外开放,调整经济结构,转 变经济发展方式。建设社会主义新农村,走中国特色新型工业化道路,建设创新型国家,建设资源节约型、环境友好型社会。

15中国共产党领导人民发展社会主义民主政治。坚持党的领导、人民当家作主、依法治国有机统一,走中国特色社会主义政治发展道路,扩大 社会主义民主,健全社会主义法制,建设社会主义法治国家,巩固人民民主专政,建设社会主义政治文明。坚持和完善人民代表大会制度、中国共产党领导的多党合 作和政治协商制度、民族区域自治制度以及基层群众自治制度。切实保障人民管理国家事务和社会事务、管理经济和文化事业的权利。尊重和保障人权。广开言路, 建立健全民主选举、民主决策、民主管理、民主监督的制度和程序。加强国家立法和法律实施工作,实现国家各项工作法治化。

16中国共产党领导人民发展社会主义先进文化。建设社会主义精神文明,实行依法治国和以德治国相结合,提高全民族的思想道德素质和科学 文化素质,为改革开放和社会主义现代化建设提供强大的思想保证、精神动力和智力支持。坚持马克思主义指导思想,树立中国特色社会主义共同理想,弘扬以爱国 主义为核心的民族精神和以改革创新为核心的时代精神,倡导社会主义荣辱观,增强民族自尊、自信和自强精神,抵御资本主义和封建主义腐朽思想的侵蚀,扫除各 种社会丑恶现象,努力使我国人民成为有理想、有道德、有文化、有纪律的人民。对党员还要进行共产主义远大理想教育。大力发展教育、科学、文化事业,弘扬民 族优秀传统文化,繁荣和发展社会主义文化。

17 中国共产党领导人民构建社会主义和谐社会。按照民主法治、公平正义、诚信友爱、充满活力、安定有序、人与自然和谐相处的总要求和共 同建设、共同享有的原则,以改善民生为重点,解决好人民最关心、最直接、最现实的利益问题,努力形成全体人民各尽其能、各得其所而又和谐相处的局面。严格 区分和正确处理敌我矛盾和人民内部矛盾这两类不同性质的矛盾。加强社会治安综合治理,依法坚决打击各种危害国家安全和利益、危害社会稳定和经济发展的犯罪 活动和犯罪分子,保持社会长期稳定。

18 中 国共产党领导人民建设社会主义生态文明。树立尊重自然、顺应自然、保护自然的生态文明理念,坚持节约资源和保护环境的基本国策,坚持节约优先、保护优先、 自然恢复为主的方针,坚持生产发展、生活富裕、生态良好的文明发展道路。着力建设资源节约型、环境友好型社会,形成节约资源和保护环境的空间格局、产业结 构、生产方式、生活方式,为人民创造良好生产生活环境,实现中华民族永续发展。



21中国共产党同全国各民族工人、农民、知识分子团结在一起,同各民主党派、无党派人士、各民族的爱国力量团结在一起,进一步发展和壮 大由全体社会主义劳动者、社会主义事业的建设者、拥护社会主义的爱国者、拥护祖国统一的爱国者组成的最广泛的爱国统一战线。不断加强全国人民包括香港特别 行政区同胞、澳门特别行政区同胞、台湾同胞和海外侨胞的团结。按照“一个国家、两种制度”的方针,促进香港、澳门长期繁荣稳定,完成祖国统一大业。

22 中国共产党坚持独立自主的和平外交政策,坚持和平发展道路,坚持互利共赢的开放战略,统筹国内国际两个大局,积极发展对外关系,努 力为我国的改革开放和现代化建设争取有利的国际环境。在国际事务中,维护我国的独立和主权,反对霸权主义和强权政治,维护世界和平,促进人类进步,努力推 动建设持久和平、共同繁荣的和谐世界。在互相尊重主权和领土完整、互不侵犯、互不干涉内政、平等互利、和平共处五项原则的基础上,发展我国同世界各国的关 系。不断发展我国同周边国家的睦邻友好关系,加强同发展中国家的团结与合作。按照独立自主、完全平等、互相尊重、互不干涉内部事务的原则,发展我党同各国 共产党和其他政党的关系。

23中国共产党要领导全国各族人民实现社会主义现代化的宏伟目标,必须紧密围绕党的基本路线,加强党的执政能力建设和先进性建设,以改 革创新精神全面推进党的建设新的伟大工程。坚持立党为公、执政为民,坚持党要管党、从严治党,发扬党的优良传统和作风,不断提高党的领导水平和执政水平, 提高拒腐防变和抵御风险的能力,不断增强党的阶级基础和扩大党的群众基础,不断提高党的创造力、凝聚力、战斗力,使我们党始终走在时代前列,成为领导全国 人民沿着中国特色社会主义道路不断前进的坚强核心。党的建设必须坚决实现以下四项基本要求:

24第一,坚持党的基本路线。全党要用邓小平理论、“三个代表”重要思想和党的基本路线统一思想,统一行动,深入贯彻落实科学发展观, 并且毫不动摇地长期坚持下去。必须把改革开放同四项基本原则统一起来,全面落实党的基本路线,全面执行党在社会主义初级阶段的基本纲领,反对一切“左”的 和右的错误倾向,要警惕右,但主要是防止“左”。加强各级领导班子建设,选拔使用在改革开放和社会主义现代化建设中政绩突出、群众信任的干部,培养和造就 千百万社会主义事业接班人,从组织上保证党的基本理论、基本路线、基本纲领、基本经验的贯彻落实。

25第二,坚持解放思想,实事求是,与时俱进。党的思想路线是一切从实际出发,理论联系实际,实事求是,在实践中检验真理和发展真理。 全党必须坚持这条思想路线,弘扬求真务实精神,积极探索,大胆试验,开拓创新,创造性地开展工作,不断研究新情况,总结新经验,解决新问题,在实践中丰富 和发展马克思主义,推进马克思主义中国化。

26第三,坚持全心全意为人民服务。党除了工人阶级和最广大人民群众的利益,没有自己特殊的利益。党在任何时候都把群众利益放在第一 位,同群众同甘共苦,保持最密切的联系,坚持权为民所用、情为民所系、利为民所谋,不允许任何党员脱离群众,凌驾于群众之上。党在自己的工作中实行群众路 线,一切为了群众,一切依靠群众,从群众中来,到群众中去,把党的正确主张变为群众的自觉行动。我们党的最大政治优势是密切联系群众,党执政后的最大危险 是脱离群众。党风问题、党同人民群众联系问题是关系党生死存亡的问题。党坚持标本兼治、综合治理、惩防并举、注重预防的方针,建立健全惩治和预防腐败体 系,坚持不懈地反对腐败,加强党风建设和廉政建设。

27 第四,坚持民主集中制。民主集中制是民主基础上的集中和集中指导下的民主相结合。它既是党的根本组织原则,也是群众路线在党的生活 中的运用。必须充分发扬党内民主,保障党员民主权利,发挥各级党组织和广大党员的积极性创造性。必须实行正确的集中,保证全党的团结统一和行动一致,保证 党的决定得到迅速有效的贯彻执行。加强组织性纪律性,在党的纪律面前人人平等。加强对党的领导机关和党员领导干部的监督,不断完善党内监督制度。党在自己 的政治生活中正确地开展批评和自我批评,在原则问题上进行思想斗争,坚持真理,修正错误。努力造成又有集中又有民主,又有纪律又有自由,又有统一意志又有 个人心情舒畅的生动活泼的政治局面。

28 党的领导主要是政治、思想和组织的领导。党要适应改革开放和社会主义现代化建设的要求,坚持科学执政、民主执政、依法执政,加强和 改善党的领导。党必须按照总揽全局、协调各方的原则,在同级各种组织中发挥领导核心作用。党必须集中精力领导经济建设,组织、协调各方面的力量,同心协 力,围绕经济建设开展工作,促进经济社会全面发展。党必须实行民主的科学的决策,制定和执行正确的路线、方针、政策,做好党的组织工作和宣传教育工作,发 挥全体党员的先锋模范作用。党必须在宪法和法律的范围内活动。党必须保证国家的立法、司法、行政机关,经济、文化组织和人民团体积极主动地、独立负责地、 协调一致地工作。党必须加强对工会、共产主义青年团、妇女联合会等群众组织的领导,充分发挥它们的作用。党必须适应形势的发展和情况的变化,完善领导体 制,改进领导方式,增强执政能力。共产党员必须同党外群众亲密合作,共同为建设中国特色社会主义而奋斗。

Themes from prior years:
The Ruminations Series in 2009 sought to develop a set of aphoristic (ἀφορισμός) essays, meant to provoke thought rather than explain it. The hope was that, built up on each other, the series would provide a matrix of thoughts that together might lead the reader in new directions. Ruminations continue to be produced form time to time. 

For 2010, this site introduced a new series--Business and Human Rights. The series took as its starting point the issues and questions raised by John Ruggie, the United Nations Special Representative of the Secretary-General (SRSG) on business and human rights, in a global online forum. Each of the Essays considered one of the topics raised in the online consultation. My hope was to help generate discussion and to encourage further discussion of the issues within the framework of the consultation framework.

For 2011, this site introduced a new series of integrated essays--Developing a Coherent Transnational Jurisprudence of Ethical Investing: The Norwegian Sovereign Wealth Fund Ethics Council Model. The object of this series to to consider the work of the Ethics Council of the Norwegian Sovereign Wealth Fund. The thesis of this series is this: The Norwegian Sovereign Wealth Fund (NSWF ) investment program is grounded in the application of a set of Ethical Guidelines adopted by the Storting (the Norwegian Legislature) and enforced through an Ethics Council charged with determining whether a company should be excluded from investment by the NSWF. The work of the Ethics Council has produced the beginnings of a coherent jurisprudence of ethics for corporate investment. That jurisprudence may contribute significantly both to the development of transnational social norm standards and affect the way domestic corporate law is understood. 

For 2012, this site introduced the thought of Zhiwei Tong (童之伟), one of the most innovative scholars of constitutional law in China.   Professor Tong has been developing his thought in part in a essay site that was started in 2010.  See, Larry Catá Backer, Introducing a New Essay Site on Chinese Law by Zhiwei Tong, Law at the End of the Day, Oct. 16, 2010.  Professor Tong is on the faculty of law at East China University of Political Science and Law.  He is the Chairman of the Constitution Branch of the Shanghai Law Society and the Vice Chairman of the Constitution Branch of the China Law Society. The  Zhiwei Tong (童之伟) Series focused on translating some of Professor Tong's work on issues of criminal law and justice in China, matters that touch on core constitutional issues.  Each of the posting will include an English translation from the original Chinese, the Chinese original and a link to the original essay site. 

The object of this study is to better understand the evolving relationship between states (and domestic law) and international standards (including those which relate to treaties or other norms rejected for transposition into the domestic legal order), its effects on the corporations and the construction of a regulatory space that is neither purely legal, nor purely public but collaboratively intermeshed.  See Larry Catá Backer,"Private Actors and Public Governance Beyond the State: The Multinational Corporation, the Financial Stability Board and the Global Governance Order,Indiana Journal of Global Legal Studies 18(2):751 (2011). The thesis of this study is this: the United States has managed to resolve the tension between the conventional corporate governance approaches of the OECD's Principles of Corporate Governance  and its internationalist and stakeholder approaches of the MNE Guidelines. That resolution is grounded in bifurcating the OECD's corporate governance project into a domestic and an foreign relations part.  The OECD project is undertaken as an instrument of domestic policy with respect to the Principles of Corporate Governance.  But the stakeholder model of the MNE Guidelines is restricted for use only as an instrument of foreign policy. This bifurcation has significant consequences both for the way in which the United States continues to resist the transposition of the standards of the MNE Guidelines into U.S. domestic law and the way in which the work of the NCP is severely narrowed to avoid even the appearance of lending the MNE Guidelines anything like the character of governance norms.  Good enough for less powerful and less developed states, it has little role to play within the United States.  More an instrument of foreign policy than of changes in customary business practice the United States works hard to ensure that the MNE Guidelines do not develop any character of law, and that it remains undeveloped except as a set of aspirational goals.

 There have been a number of studies that have sought to provide an overarching structure for understanding SWFs. The easiest way to to this is tp find the largest and most influential funds and then extrapolate universal behaviors or characteristics from them.  This is a useful enterprise, it may erase substantial nuance that itself might provide the basis for a deeper understanding of SWFs within globalization and in the context of a state system in which not all states are created equal.  In this sense, while the large SWFs are better known, they do not define the entire field of emerging SWF activity. This study provides a brief critical inventory of the emerging communities of sovereign wealth funds. Each post will consider a different and less well known SWF.  Taken together, these brief studies might suggest the character and nature of the emerging universe of SWFs, and their possible rationalization.

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