2.4 Socialist Law System

The concept: the Soviet-origin family — the law as the socialist-state's instrument (the Marxist- Leninist ideology's legal expression); the systems: the USSR-and-its-sphere's historical world; the modern survivals (China-and-Vietnam's socialist-market hybrids — 2.4.3). The origin-and- development: the 1917 Revolution's legal rupture (the law's withering-away theory vs the socialist legality's reality); the Soviet codes' construction (the RSFSR codes; the 1936-and-1977 constitutions); the post-WWII export (the East-European-and-Asian satellites); the 1989-91 collapse (the family's fall — the transition-to-market law reforms). The features (the exam's list): (i) the party's supremacy (the Communist Party's leadership — the law as the policy's instrument); (ii) the public-law primacy (the state-and-planned economy's centrality; the private law's shrinkage); (iii) the social-ownership doctrine (the state-and-collective property); (iv) the teleological interpretation (the law read for the socialist purpose); (v) the administrative-law dominance (the plan's enforcement); (vi) the courts' integration (the people's assessors; the party's judicial influence). The sources: the legislation (the supreme-soviet's acts); the party's- programmes (the extra-legal guidance); the administrative regulations; the custom's-and-religion's exclusion. The impact on the Nepalese legal system: the LIMITED-but-real faces — the planned-economy era's echoes (the nationalisation-and-state-enterprise statutes of the Panchayat era's mixed economy); the land-reform laws' distribution ethos; the honest point: Nepal never adopted the socialist system (the market economy's mixed orientation), the "socialist" constitutional vocabulary (the Constitution's socialism-oriented phrasing) being the ideological- rhetorical face, not…