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² See generally Hampsch, “Marxist Jurisprudence in the Soviet Union: A Preliminary Survey,” Notre Dame Lawyer, xxxv, p. 525 (1960)Google Scholar; and see Berman, Harold J., Justice in Russia (Cambridge: Harvard Un. Press, 1950), pp. 9–17.Google Scholar

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⁴ Fuller, , “Pashukanis and Vyshinsky: A study in the Development of Marxian Legal Theory,” Michigan Law Review, XLVII, pp. 1157, 1165.Google Scholar

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⁶ Quoted in Berman, book review of Settling Disputes in Soviet Society: The Formative Years of Legal Institutions, by Hazard, John N., Yale Law Journal, LXX, p. 686.Google Scholar

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⁸ Berman, “Law Reform in the Soviet Union,” The American Slavic and East European Review, XV, p. 181.Google Scholar

⁹ Idem; see also Berman, , Justice, p. 33.Google Scholar

¹⁰ Idem.

¹¹ Idem.

¹² Berman, , Justice, p. 38.Google Scholar

¹³ Berman, , “Soviet Law Reform—Dateline Moscow 1957,” Yale Law Journal, LXVI, p. 1213.Google Scholar

¹⁴ Quoted in Berman, , “Law Reform in the Soviet Union,” p. 181.Google Scholar

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¹⁷ Idem.

¹⁸ Berman, , “Soviet Law and Government,” Modern Law Review, XXI, p. 23.Google Scholar

¹⁹ Idem.

²⁰ Berman, , “Soviet Law Reform,” op. cit. pp. 1211–1215.Google Scholar

²¹ Berman, , “Soviet Law and Government,” p. 26.Google Scholar

²² Berman, , Justice, op. cit., p. 35.Google Scholar

²³ This point is expressed or implied in all of Harold J. Berman's writings referred to above in notes 1, 2, 6, 8, 13 and 18.

²⁴ See generally Escarra, Chinese Law (Peking and Paris: 1936)Google Scholar, translated by G. R. Browne, for Works Progress Administration, W.P. 2799 (Seattle: University of Washington), originally titled Le Droit Chinois: Conception et Evolution, Institutions Legislatives et Judiaires, Science et Enseignement, pp. 97–119.Google Scholar

²⁵ See, for example, the statements extolling the virtues of the “socialist civil law” in Chung-hua Jen-min Kung-ho-kuo Min-Fa Chi-pen Wen-t'i, written by the Institute of Civil Law, Central Political-Judicial Cadres' School (Peking: Fa-lü Ch'u-pan-she, 1958), translated as Basic Problems in the Civil Law of the People's Republic of China, by U.S. Joint Publications Research Service, (JPRS): 4879, CSO: 1473–5, pp. 22–23 (1961).Google Scholar This work will be hereinafter referred to as The Book.

²⁶ Ibid. p. 27.

²⁷ See generally Hughes, T. J. and Luard, D. E. T., The Economic Development of Communist China, 1949–58 (London: Oxford Un. Press, 1959) Chap. 1Google Scholar; and see Tawney, R. H., Land and Labour in China (New York: Brace, 1932)Google Scholar; and see for a brief sketch of the overall economic development of the People's Republic and the problems it has encountered Li, Choh-ming, “The First Decade, Part II, Economic Development,” The China Quarterly, No. 1, 01–03 1960, pp. 35–50.CrossRefGoogle Scholar

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³¹ The Common Programme was passed by the Chinese People's Political Consultative Conference on September 29, 1949. It appears in translation in Current Background (CB) (Hong Kong: U.S. Consulate-General), No. 9, 09 21, 1950, pp. 1–14.Google Scholar

³² The Chinese People's Political Consultative Conference represented the putative “united front” between the Communist Party of China (CCP) and the other “democratic” parties.

³³ CB, No. 9, pp. 7–10.

³⁴ Ibid. p. 7, Article 28.

³⁵ Ibid. p. 7, Article 29.

³⁶ Ibid. p. 8, Article 30.

³⁷ Ibid. p. 8, Article 33.

³⁸ For brief summaries of the impact of the Common Programme see Hsia, Ronald, Economic Planning in Communist China (New York: The International Secretariat, Institute of Pacific Relations, 1955), pp. 7–9 and 74–75Google Scholar; and see Kuo-chün, Chao, Economic Planning and Organisation in Mainland China (Cambridge: Center for East Asian Studies, 1959), I, pp. 5–6.Google Scholar

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⁴⁰ Idem.

⁴¹ Ibid. Chap. VII.

⁴² Idem.

⁴³ Hsia, , Economic Planning, pp. 9–16.Google Scholar

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⁴⁵ Hooton, G. L. V., “The Planning Structure and the Five Year Plan in China,” Contemporary China, I, p. 92.Google Scholar

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⁴⁷ The Government Affairs Council was known as the State Council after 1954 and hereinafter will be referred to as such.

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⁵³ See generally with respect to the planning method ibid.; Hooton, , “The Planning Structure”Google Scholar; and Chao, , Economic Planning, op. cit., pp. 2–5.Google Scholar

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⁵⁵ Hsiang-kuang, Tu, “The Business Accounting System, A Prerequisite to Socialist Industrialisation,” Hsueh-hsi (Study), No. 6, 06 1955Google Scholar, translated in Survey of China Mainland Press (SCMP) (Hong Kong: U.S. Consulate-General), No. 1106, pp. 35–42.Google Scholar

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⁶¹ Ibid. p. 38.

⁶² Li, and Chang, , The Theory and Practice, op. cit., p. 68.Google Scholar

⁶³ Idem.

⁶⁴ See below for further discussion of this topic with regard to subsequent periods.

⁶⁵ Wu, , Economic Survey, op. cit., pp. 220–227.Google Scholar

⁶⁶ Chang, , “Industrial Administration,” op. cit., pp. 864–865Google Scholar; The Book, op. cit., p. 31.Google Scholar

⁶⁷ See above p. 10.

⁶⁸ See supra.

⁶⁹ The Constitution of the People's Republic of China was adopted on September 20, 1954, by the First National People's Congress. Its provisions appear in translation in CB, No. 297, October 5, 1954, pp. 1–25.

⁷⁰ The important relevant features of the Constitution are summarised and briefly discussed in Chao, , Economic Planning, op. cit., p. 6.Google Scholar

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⁷⁶ See Tang, , Communist China TodayGoogle Scholar, and Li, , The Statistical System, pp. 22–27Google Scholar, for a general discussion of the government structure.

⁷⁷ In fact the structure is somewhat more complicated. See Tang, , Communist China Today, p. 225.Google Scholar

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⁷⁹ Kirby, , “The Central Structure,” op. cit., p. 738.Google Scholar

⁸⁰ Ibid. p. 738 et seq.

⁸¹ Ibid. p. 739; Chao, , Economic Planning, op cit., pp. 1–2.Google Scholar

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⁸⁴ Li, , The Statistical System, op. cit., p. 13.Google Scholar

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⁸⁶ Li, , The Statistical System, p. 24.Google Scholar

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⁸⁹ Kirby, , “The Central Structure,” pp. 803–804.Google Scholar

⁹⁰ Ibid. pp. 749 and 804.

⁹¹ See Wu, , Economic Survey, op. cit., pp. 550–551Google Scholar; and see Li, , The Statistical System, p. 21.Google Scholar

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⁹⁸ Idem.

⁹⁹ See below.

¹⁰⁰ The Book, op. cit., p. 31.Google Scholar

¹⁰¹ Ibid. p. 201.

¹⁰² See below with regard to such use in the next period.

¹⁰³ See below for a discussion of general, sub- and direct “contracts.”

¹⁰⁴ Ch'un-hsu, Yang, and Cheng-jui, Li, “Apply the Contract System Extensively,” Ta-kung Pao, 02 20, 1959Google Scholar, translated in SCMP, No. 1980, pp. 8–29. While this article is primarily concerned with a later period, remarks in the article lay a basis for inferring as to the state of affairs prior to 1958, e.g., see pp. 9–10.

¹⁰⁵ Quoted in ibid. pp. 8–9.

¹⁰⁶ See generally Hughes and Luard, The Economic Development, op. cit., Chaps. V and VI; and see Li, “The First Decade,” op. cit.

¹⁰⁷ Hughes, and Luard, , The Economic Development, Chap. V.Google Scholar

¹⁰⁸ ibid. Chap. VI.

¹⁰⁹ Hsin-hua Pan-yueh-k'an (New China Send-Monthly), No. 24, 12 25, 1957, pp. 57–59Google Scholar, translated in Chao, , Economic Planning, op. cit., pp. 104–112; and see Chao, pp. 55–56.Google Scholar

¹¹⁰ Hughes, and Luard, , The Economic Development, Chap. VI.Google Scholar

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¹¹² Hughes, and Luard, , The Economic Development, Chaps. XII and XIII.Google Scholar

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¹²¹ Ibid. p. 145.

¹²² Ibid. pp. 111–149.

¹²³ Quoted in Yang, and Li, , “Apply the Contract System,” op. cit., p. 8.Google Scholar

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¹²⁵ Yang, and Li, , “Apply the Contract System,” p. 10.Google Scholar

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¹²⁵ Ibid. particularly pp. 17–18 and 20.

¹²⁹ Ibid. particularly p. 23; see also “Production Contracts Must Follow the Mass Line,” Nan-fang Jih-pao, 05 14, 1959Google Scholar, translated in SCMP, No. 2025, pp. 17–20.

¹³⁰ I-chou, Lin, “Contract of Production Must be Practical,” Red Flag (Hung Ch'i), No. 10, 05 16, 1959, translated in ECMM, No. 172, p. 7.Google Scholar

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¹³³ These provisions are discussed in “Carry out More Properly the Investment-by-Contract System,” People's Daily, 03 12, 1960Google Scholar, translated in SCMP, No. 2220, p. 3.

¹³⁴ Idem. see also Tsung, Chi, “Preliminary Experience in the Contract System of Investment,” Ts'ai-cheng (Finance), No. 9, 09 5, 1958, translated in ECMM, No. 147, pp. 68–71Google Scholar; and “Ministries of Metallurgical Industry and Finance Point out at Conference that Contract Investment System is the Correct Direction for Capital construction Management,” NCNA, Peking, 07 14, 1958Google Scholar, translated in SCMP, No. 1822, pp. 4–5Google Scholar; and see generally “Investment in Capital Construction Must be Placed on a Contract System,” People's Daily, Peking, 07 15, 1958Google Scholar, translated in SCMP, No. 1822, pp. 2–4.Google Scholar

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