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​This book presents the development and reformation of economic law in China and explores the "three relationships" between the government and market, between reform and rule of law, and between the constitution and economic law. On this basis, it subsequently focuses on development theory, distribution theory, risk theory and crisis theory. Further, it addresses effective development, fair distribution, and prevention and resolution of related risks and crises, which are important functions of economic law. In order to achieve the above functions and objectives, the book argues, we must vigorously promote the integration of rule of law in economic law, and constantly refine the theory of economic rule of law employed in China.The book demonstrates that no matter how the "three major relationships" are adjusted or the relevant systems are reformed – i.e., regarding the implementation of the concept of coordinated development or the optimization of economic structures; the solution of distribution problems or the improvement of distribution systems; the prevention of risks or the response to crises – any such changes depend on economic rule of law. The above-mentioned theoretical discussion presents a "new horizon" of contemporary Chinese economic law theory, which will be of great value to the future development of economic law theory.
This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context. The China Journal This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars both Western and Chinese it should serve as a valuable reference work for years to come. Steven Shavell, Harvard Law School, US This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe. Hans-Bernd Schaefer, Universität Hamburg, Germany In China everything is different, you cannot apply ordinary economics and the legal framework is idiosyncratic. In the course of time, such statements turned out to be prejudices, and the Eger/ Faure/ Zhang volume makes perfectly clear that, for instance, a law and economics approach can shed new light into the intricacies and complexities of Chinese institutional arrangements. Indeed, China creates new puzzles for economic and legal analysis. On the other hand, however, the Chinese need not invent the wheel anew and they do not try it. The book shows instances where a sophisticated law and economics approach can help to develop the legal framework which is appropriate for the transition from a planned into a market economy. The Chinese economic system is not (yet) a normal capitalist market economy, neither is the legal system adapted to a normal private property economy. Nevertheless the chapters of the book apply fruitfully law and economics theories and thus prove their general applicability. One of the outstanding achievements of the volume can be seen in the fact that it recruited more than half of its contributors with a Chinese background. They learn eagerly western approaches and they learn fast. And, of course, they have no problems with understanding Chinese culture and society. So the book combines most profitably the look from the outside and the look from within with a common theoretical framework. Hans-Jürgen Wagener, Europa Universität Viadrina, Germany This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China s legal and economic system, and some recent problems, from this particular viewpoint. The authors apply an economic analysis of law not only to general characteristics of China s social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of deve
Under the ambitious leadership of President Xi Jinping, China is zealously transforming its wealth and economic power into potent tools of global political influence. But China's foreign policy initiatives, even the vaunted "Belt and Road," will be shaped and redefined as they confront the ground realities of local and regional politics outside China. In China's Western Horizon, Daniel S. Markey, a scholar of international relations and former member of the U.S. State Department's policy planning staff, previews how China's efforts are likely to play out along its "western horizon:" across the swath of Eurasia that includes South Asia, Central Asia, and the Middle East. Drawing from extensive interviews, travels, and historical research, Markey describes how perceptions of China vary widely within states such as Pakistan, Kazakhstan, and Iran. Powerful and privileged groups across the region often expect to profit from their connections to China, while others fear commercial and political losses. Similarly, Eurasian statesmen are scrambling to harness China's energy purchases, arms sales, and infrastructure investment. These leaders are working with China in order to outdo their strategic competitors, including India and Saudi Arabia, and simultaneously negotiating relations with Russia and America. On balance, Markey anticipates that China's deepening involvement will play to the advantage of regional strongmen and exacerbate the political tensions within and among Eurasian states. To make the most of America's limited influence in China's backyard (and elsewhere), he argues that U.S. policymakers should pursue a selective and localized strategy to serve America's specific aims in Eurasia and to better compete with China over the long run.
With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective. With eminent international contributors, Regulatory Reform in China and the EU sets out a reform agenda by addressing financial markets, social and administrative regulation, and environmental protection. The first part of the book discusses the banking sector reform and the stock market regulation concerning institutional investors, insider trading and private enforcement. A second part discusses contract law and considers how EU state aid policy could also influence reform on (local) government in other jurisdictions. Third, environmental pollution and the need for stricter regulation are considered, with a focus on the possibilities of investment in new technology, such as offshore carbon capture and storage, economic growth and the nexus between WTO law and climate change. The fourth and final part of the book includes an essay by Jonathan Klick on the empirical analysis of regulation, with a particular focus on field experiments in China. Academics and postgraduate students of both Economics and Law with a particular interest in regulation will find this book valuable and compelling. Policymakers and practitioners will also benefit from the insights revealed by the collaboration of lawyers and economists.
This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process. Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML. The Chinese Anti-Monopoly Law will appeal to competition lawyers, attorneys-at-law dealing with economic law generally, civil servants and policy makers, comparative lawyers and social scientists with an interest in developments in China.
This 2005 book examines punishment in different forms, including corporal and economic punishment.
China's Education Reform: Current Issues and New Horizons collects important research findings of education studies on China conducted by the academics at East China Normal University (ECNU) in recent years. The book covers topics including the rebuilding of contemporary Chinese education reform, the breakthrough of China's pedagogy, problems facing the education reform, and the ecological orientation of education technology, among others.This book is the fourth volume in the WSPC-ECNU Series on China. The WSPC-ECNU Series showcases the significant contributions to scholarship in social sciences and humanities studies about China. The Series is jointly launched by World Scientific Publishing, the most reputable English academic publisher in Asia, and ECNU, a top University in China with a long history of exchanges with the international academic community.
Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus
This ambitious analysis is centered on the evolution of economic structures in colonized economies, showing the effects of these structures on today’s global reality for all economies, whether they are considered ‘developed’ or ‘underdeveloped.’ With a comprehensive scope encompassing economic structures and their influence on the growth of nations from past to present, Calixto Salomão Filho delves into issues of development, economic structures, social problems, monopolies, globalization, and poverty. This book features a unique combination of economic and legal analysis of development, including the examination of underdevelopment trends based on monopoly growth and the triple drain effects of monopolies on national economies. The result is an illuminating study of historical restriction and exploitation and its impact on present day markets around the world. Monopolies and Underdevelopment will capture the interest of scholars and readers of the economic theory of development, economic history of underdeveloped countries, and law and development; as well as those involved in Latin American and South Asian studies, international comparative law, and legal history.
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.