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This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People�s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory develop
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author’s experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.
A comprehensive and concise study of contemporary Chinese law. Contents: The legal System of China, Constitutional Law and State Structure - China, Judicial Review in China, The General Priciples of Civil Law - China, CivilProcedure Law - China, Law of Contract - China, Law and Taxation - China, Banking Law - China, Company Law - China, Law of Family, Marriage and Succession - China, Employment Law - China, The Essential of Land Law in China, Lawof Intellectual Property - China, Law of Environmental Protection - China, Criminal Law - China, Criminal Procedure Law - China, Maritime Law - China, Conflicts of Law - China, Non-judicial Means of Dispuite Settlement - China
By assessing a broad range of laws, regulations and codes, this book provides a valuable reference for understanding how much has been achieved in Chinese corporate governance and the main ambitions of future reform efforts.
China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.
China has traveled a unique road to reach its present economic significance in the world with corporate governance central to political and economic policy. In Understanding Corporate Governance in China, Bob Tricker and Gregg Li look at a variety of companies in China and the challenges they face. Based on in-depth interviews with business leaders, entrepreneurs, auditors, bankers, lawyers, and others closely involved in corporate governance in China, they argue that corporate governance involves more than company law, governance guidelines, and the rules of the stock exchanges and regulatory authorities. Culture and ethics lie at the core of corporate governance. In Chinese business these are still evolving, and business-government relations continue to change. It is vital to understand how business people and officials act in practice in China. They also explain how the regulatory framework of corporate governance in Hong Kong increases the sophistication. As more and more companies based in mainland China are listed on the Hong Kong Stock Exchange and increasingly dominate the Hong Kong market, the business worlds of China and Hong Kong become intertwined and grow together. After a brief introduction to the basic theories of corporate governance and the evolution of corporate governance in China, the book guides the reader through current issues and practices in both mainland China and Hong Kong. Topics like Chinese culture and ethics, the regulatory corporate governance framework in mainland China and Hong Kong, the function and practice of the board of directors in China, and the governance of Chinese companies abroad are covered.
Written by one of the most distinguished experts on China's economic and business history, China and Capitalism provides a highly original and at the same time clear and readable approach to understanding the development of business in China from 1500 to the 1990s. David Faure then uses the picture he has assembled to shed new light on the strengths and weaknesses of Chinese business today. The book is written to be accessible to people with little background in China or Chinese business practice. Dr Faure describes three phases in the development of Chinese business from the sixteenth to the twentieth century. In the traditional phase, from the sixteenth to the eighteenth century, Chinese business relied on contracts as well as on ritual propriety. In the modernizing phase, from the second half of the nineteenth century to the first half of the twentieth century, Chinese business had to adapt to the introduction of company law and legal standards of accounting. In the contemporary phase, from the middle of the twentieth century to the present day, China emerged from a control economy to a vibrant market by embracing once again the changes introduced in the modernizing phase. General readers, including students and teachers in courses touching on but not primarily devoted to the Chinese experience, will find in this book the most comprehensive account of China's business development in the last five centuries and many insights into the workings of China's modern business scene. Specialist readers will find a highly original approach to the history of business in China.
Examines China's 'going out' policy by addressing the ways in which the underpinning legal reforms enable China to pursue its core interests and broad international responsibilities as a rising power. The contributors consider China's civil and commercial law reforms against the economic backdrop of an outflow of Chinese capital into strategic assets outside her own borders. This movement of capital has become an intriguing phenomenon for both ongoing economic reform and its largely unheralded underpinning law reforms.
The nature of corporate governance is a key determinant of corporate performance and, therefore, of a country's overall economic power. This title examines key questions relating to corporate governance in China, exploring differences between private and state-owned companies.