From the Founding to the Crisis of Mao Zedong and of China Ruling Party： The Identity the Communist Party

Over the course of the epochal 30 years, i.e., from the founding of People＇s Republic of China in 1949 till the launching of Chinese economic reform in 1978, the Communist Party of China （CPC） underwent a tremendous transformation from the founding to the ruling party of the country. The present research examines the historical, social as well as political aspects of the identity crisis and the CPC was suffering from in its adventurous efforts to chart a course for the socialist transformation of China. It was tempted to resume its leadership role in the revolution given the mounting tension generated by the Cold War and the prevailing revolutionary beliefs within the Party. Nevertheless, it was obliged to restore the country＇s social and political order after the sweeping national reform. In search of an adequate interpretation for the various attempts the Party made in exploring its refreshed identity, hence resolving the crisis, the study focuses on a similar crisis which befell the Party leader, Mao Zedong, in his own struggle against the con- fusion caused by his potentially double role as the head of both a founding and a ruling party. The study suggests that Mao＇s misidentification of his own political role inevitably led to the Party＇s dysfunctions, and closer investigation into the leader＇s personal dilemma offers new insight into such tragic events as the Anti- Rightist Movement, the Great Leap Forward, and the Cultural Revolution.

RULE THE PARTY WITH A FIRM HAND

The Sixth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） took place in Beijing on October 24-27. The meeting discussed important issues related to running the Party with discipline in a bid to root out corruption. Xi Jinping. General Secretary of the CPC Central Committee, delivered an important speech.

Comments on the Chinese Law of Conflict of Laws Applicable to Trusts： In Comparison with the U.S. Law and the Hague Convention

China has entered a new era represented by the newly established China （Shanghai） Pilot Free Trade Zone, in which further reform and development of its financial system and capital market are highly prioritized. The trust as an important vehicle in development of the financial market in China as well as in the world will play an important role, and there will be more foreign elements involved in Chinese trusts. The Law of the People＇s Republic of China on Application of Laws in Civil Relations with Foreign Elements provides rules, in its article 17, on the application of laws to trusts, which symbolizes the formal creation of rules of conflict of laws in China in this area. However, it seems to cause more problems than it may resolve. For example, it may not always be possible for the parties to determine the appli- cable law through consultation and agreement, and the parties＇ right to choice of law should not be without limitation either. By allowing judges to choose from ＂the law of the situs where the trust property is situated＂ and ＂the law of the situs where the trust relationship occurred＂ in the absence of an effective choice of law by the parties may lead to a situation contrary to existing laws and may create uncertainty for the parties as well. This paper analyzes this article 17 by comparing it with the conflict law rules adopted in the United States and by the Hague Convention, identifies problems, and seeks to find solutions in order to promote the healthy development of the trust system in China.