Chinas Developing Legal Structure For Trade And Commerce

The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide

This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.

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.

La 4e de couverture indique : "This book offers clear and comprehensive coverage of civil law in China as it pertains to business. It takes a practical approach and is heavy on examples that are based on actual legal cases that have occurred in China. Using these examples, the author illustrates how civil law plays out in real-life situations. The first two chapters describe the development and general principles of civil law in China, and this is followed by chapters on property rights law, the law of contract and tort liability law. China does not yet have a single civil code, and its civil law regime is made up of a complicated patchwork and hierarchy of laws and statutes. This book systematically gathers the relevant articles from these diverse sources under its chapter topics, explaining any differences among applicable laws and pointing out which take precedent. The book offers fresh translations of the relevant legal texts. This should be a welcome addition to the field as there are few official English translations of these laws, and the unofficial ones vary greatly. The author provides explanations that make these sometimes difficult texts easily accessible. Business people, students and scholars will all benefit greatly from this book. Readers will be repaid with an understanding of civil law that will make them more adept in any consideration of business in China and in any business dealing there. They will also gain a fuller picture of China's economic systems (particularly its property system), the rationale behind these systems, and the policy orientations that will steer their future development. "

China, the world's sixth largest economy, has recently joined the rules-based international trading system. What are the implications of this accession? Leading scholars and practitioners from the US, Europe, China, Australia and Japan argue that China's membership will affect the WTO's decision-making, dispute resolution and rule-based structures. It will also spur legal and economic reform, have far-reaching social, political and distributional consequences in China, facilitate a new role for China in international geo-political affairs, and alter the shape, structure and content of the international trading system as a whole. Of interest to scholars of China, as well as trade lawyers and economists.

Perspectives on Chinese Business and Law contributes to the debate and understanding on China by offering insights and perspectives from both Chinese and European scholars on themes related to business and economic affairs. The current foreign trade and business-related legal framework of China are expressed along with certain historical and political analysis on China's development. This book offers different perspectives on China's business and law. It aims to offer an introduction into both theoretical and practical aspects of China's law on foreign related business affairs. This comprises economic and political background information, including China's economic evolution and China-EU trade relations, in addition to more detailed information on selected subject areas important to foreign related business affairs in China, namely: commercial arbitration law; contract law; company law; IPR protection; financial law; foreign direct investment law; and also the establishment of overseas branches of Chinese companies in the EU.