Commercial Law of the People's Republic of China

Commercial Law of the People's Republic of China

By Patricia Blazey, Kay-Wah Chan


$176.00 RRP

Date: 20/12/2011

Code: 9780455228266

Thomson Reuters, AUSTRALIA


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Commercial law plays a large part in China's transition to its status as a major trading nation. This book contains chapters that focus on areas of the law pertinent to China's continuing economic development. It provides an analysis of the Five Year Plans and their effect on the development of and changes in commercial law. China is focused on developing its internal market and Commercial Law of the People's Republic of China provides an examination of a number of highly relevant topics, such as Company Law, Labour Law, Property Law, Intellectual Property Law, Consumer Law, Energy Law and Renewable Energy Law.

Chapters on Tax Law, Competition Law and Policy, and Commercial Arbitration Law written by experts in their field provide an up-to-date and in-depth coverage of other important commercial law subjects.

This book acknowledges that China's rapid development is affected by policy changes on issues such as urbanisation, the structure of the industrial sector and the environment. These changes and their effect on the national economy and the legal system are discussed in the book.

Editorial Reviews

From: The Law Society of Tasmania, Law Letter Winter 2012 
Reviewed by Ian Duncan, Xiamen University, Xiamen, Fujian, People's Republic of China

This book gives a thorough review and analysis of the evolution of China's civil law in the context of China's rapidly-changing economic and social landscape during recent decades, together with a comprehensive and academically rigorous presentation of China's current and still rapidly-changing commercial law.

The authors' and contributors' collective extensive experience as practising lawyers and advisors to government and to private business in China, and their extensive academic research on all aspects of law in China, has been combined to produce this accurate and timely book for lawyers, for business people, and for governments dealing with commercial interests in and from China.

As a non-Chinese lawyer reviewing this book, I gratefully acknowledge the assistance I have received from Chief Justice Zheng Tongbin of the People's Court of The People's Republic of China. The Chief Justice has kindly given his valuable time to be together with me in China, reviewing the history, policies, facts, laws, references and commentaries as stated in this book.  Apart from his comments that readers must be aware of the ongoing changes to the commercial law as stated in the book, the Chief Justice regards this book as an accurate, insightful and useful study of China's civil and commercial law in the context of the continuing development of China's socialist market economy.

This 588-page book incisively and comprehensively covers;

China and its Legal System
I  China's legal and policy challenges in the 21st century
2  The significance of China's Five Year Plans
3  The Communist Party, the State and the Constitution
4  The Chinese socialist market economy's legal system
The legal profession and legal market in 21st century China
General Commercial Law Areas
6  The appropriate Contract Law for a specific commercial purpose
7  The importance of Agency Law
8  The Law of Ownership - the new Property Rights Law
9  Intellectual Property Law
10 Developments in Consumer Law - food safety
11 Labour Law reforms
12 Company Law - State-owned enterprises and private sector companies
13 Company Law - corporate governance and social responsibilities
14 Franchise Law in China
15 Competition Law and policy
16 Income Tax in China
17 Arbitration and Mediation in China
Foreign lnvestment in China
18 Foreign lnvestment Policies and lnvestment Vehicles
19 Foreign lnvestment Structures - China-Foreign Equity Joint Ventures, China-Foreign Contractual Joint Ventures & Wholly Foreign-Owned Enterprises
20 Foreign-Funded Joint Stock Limited Companies
21 Foreign-Funded Partnerships
Environmental Law
22 Legal Responses to Deforestation and Desertification
23 Energy and Clean Energy policy and law in 21st  century China
24 Environmental Protection
25 Water Supply and Pollution
26 Waste Disposal

The authors and contributors to this book have comprehensively and accurately addressed the policies, laws, regulations, culture, and practical realities affecting domestic and international commerce in China, which operates within a Chinese social and economic environment undergoing rapid and complex change.

 This excellent book addresses how and why China's rapid socio-economic development has produced China's unique cultural, socio-economic and business law environment, and examines the issues facing Chinese and foreign businesses operating in this environment. Any foreign business person operating in China, and any lawyer outside China, advising a client who is operating in China or doing business with a Chinese business entity, needs to understand that Chinese environment, and will find this book a valuable contribution towards doing so.

 Ian Duncan - Xiamen University, Xiamen, Fujian, People's Republic of China
[Ian Duncan is a Hobart-based lawyer and consultant at M+K dobson mitchell allport lawyers. He previously lived in China, teaching law, and working for the Chinese Government on China's membership of the World Trade Organisation, and has been advising government, businesses, franchises and joint ventures in China since the 1980s.]


Table of Contents

Part I: Introduction: The Country and Its Legal System
1 China's Legal And Policy Challenges In The 21st Century
2 The Significance of China's Five Year Plans
3 The Communist Party, the State and the Constitution
4 The Chinese Legal System: A Socialist Market Economy's Legal System
5 The Legal Profession and Legal Market in the 21st Century's China
Part II: General Commercial Law Areas
6 Ascertaining the Appropriate Contract Law for a Specific Commercial Purpose
7 The Importance of Agency Law
8 The Law of Ownership and the New Property Law
9 Intellectual Property Laws and Governance
10 Recent Developments in Chinese Consumer Law - The Three Represents
11 Labour Law Reform to Build a Harmonious Society with Scientific Outlook on Development
12 Company Law in China: Facilitating Private Investments
13 Company Law in China: Corporate Governance and Corportae Social Responsibilities
14 Franchise Law in China: the Interpretation and Application of the 2007 Franchise Regulation
15 Competition Law and Policy in China: the Anti Monopoly Law
16 Enterprise Income Tax in China: Simplicity to Complexity through Institutional Context
17 Arbitration and Mediation in China: A Developing Reality
Part III: Foreign Investment Vehicles
18 Foreign Investment Policies and Investment Vehicles in China
19 Conventional Foreign Investment Vehicles: Sanzi Qiye
20 Foreign-Funded Joint Stock Limited Companies: Sixteen Years since Its Introduction
21 Foreign-Funded Partnership: A New FDI Mode
Part IV: Environmental Laws
22 Legal Responses to Deforestation and Desertification
23 China's new approach to Energy and Clean Energy in the 21st Century
24 The Challenges of Environmental Protection
25 China's Approach to Water Shortage and Pollution
26 The Legal Response to increasing Problems of Waste Disposal

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