Private Law in China and Taiwan


Book Description

Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.




Resource Misallocation Among Listed Firms in China: The Evolving Role of State-Owned Enterprises


Book Description

We document that publicly listed Chinese state-owned enterprises (SOEs) are less productive and profitable than publicly listed firms in which the state has no ownership stake. In particular, Chinese listed SOEs are more capital intensive and have a lower average product of capital than non-SOEs. These productivity differences increased between 2002 and 2009, and remain sizeable in 2019. Using a heterogeneous firm model of resource misallocation, we find that there are large potential productivity gains from reforms which could equalize the marginal products of listed SOEs and listed non-SOEs.




China's Legal Reforms and Their Political Limits


Book Description

Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.




The Evolution of Law Reform in China


Book Description

This timely collection presents articles written by Chinese and Western authors on law reform in the People's Republic of China from its beginning in 1978 until the present day. The first part presents differing perspectives on the history of law reform. Separate sections are devoted to core institutions: the Constitution, the legislature, administrative law, courts, criminal process, the legal profession, extra-judicial dispute resolution and citizen petitions. Alongside an original introduction the book will be of interest to readers with specialized interests in Chinese law but also to anyone interested in China's governance.




China's Legal Reforms


Book Description

Since the early 1980s, the People's Republic of China has been building legal institutions where no meaningful ones had existed before. This collection of essays by leading international scholars of Chinese law analyses the accomplishments of Chinese law reform and the problems that confrontthe Chinese leadership and the Chinese people in their struggle to define the role of law in China. Chinese economic reforms have led to a dramatic rate of economic growth, and have also made China the world's leader in attracting foreign capital. A sound legal system is not only essential forcontinued economic growth and foreign investment, but its future development will express and reflect the evolution of China's post-totalitarian political institutions.These essays focus on the changing Chinese conceptions of the role of law in shaping family relationships; the effectiveness of the courts in civil litigation; the operation of the criminal process; judicial decision-making; the evolution of a legislative process; the growth of a legal profession;the legal framework of foreign direct investment in China; and China's record as a member of the international community. An overview by the editor identifies the emerging functions performed in Chinese society by the new legal institutions and tries to analyse likely major influences on them in thenear future, including, among other contradictory forces, increased consciousness of individual rights and a tenacious insistence by the Chinese Communist Party on maintaining its power.




China's Journey toward the Rule of Law


Book Description

The Thirty years since China’s reform and opening have been very eventful for the country’s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China’s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China’s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.




China’s Struggle for the Rule of Law


Book Description

The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.




China's Emerging Private Enterprises


Book Description

This report aims to take stock of the domestic private sector in China which has emerged over the past twenty years. It is based on surveys and interviews carried out in four locations in China where private sector development is relatively advanced. These studies were supplemented by discussions with entrepreneurs, industry associations, and government officials. The report focuses on three main themes: the structure of private enterprises, the enabling environment for their development and, access to financing. For each of these areas, the report presents an analysis of constraints on private sector development and outlines an agenda for addressing these constraints. The report recommends that, in order to encourage continuing private sector growth, the government should create a level playing field for all enterprises by intervening less and focusing on improved commercial legislation and more open markets. Financial institutions must develop to serve the private sector, and private enterprises need to mature and improve their corporate governance, in order to derive the most benefit from improvements in the business environment.




China's Legal Reform


Book Description

China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.