Law Wealth And Power In China

Author: John Garrick
Publisher: Routledge
ISBN: 1136894993
Size: 39.36 MB
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This book examines the law reforms of contemporary China in light of the Party-state’s ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China’s economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents analytical perspectives of new work, or new lines of thinking about the new wealth, power and law reforms of China. As such, critical boundaries are explored between legal and financial reforms and what these reforms signify about deeper ideological, economic, social and cultural transformations in China. The book concludes by asking whether there is a ‘China model’ of development which will produce a unique variety of capitalism and indigenous variant of rule of law, and examining the ‘winners and losers’ in the transition from a centrally planned economy to a market economy. Law, Wealth and Power in China will be of interest to students and academics of comparative law, Asian law, Chinese economics and politics, Chinese Studies, as well as professionals in investment banking, finance and government.

China S Socialist Rule Of Law Reforms Under Xi Jinping

Author: John Garrick
Publisher: Routledge
ISBN: 1317354168
Size: 40.12 MB
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Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Law And Policy For China S Market Socialism

Author: John Garrick
Publisher: Routledge
ISBN: 1136345019
Size: 34.26 MB
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This edited volume presents fresh empirical research on the emerging outcomes of China’s law reforms. The chapters examine 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 contributors ask probing questions about doing business with China and highlight the astonishing escalation of China’s outbound foreign direct investment (OFDI). Law and Policy for China's Market Socialism includes contributions from leading China-law scholars and specialist practitioners from the People’s Republic of China, Hong Kong, the United States, the United Kingdom and other countries who all extend the examination of powerful influences on China’s law reforms into new areas. Given the forecast for the growth of China’s domestic market, those wishing to gain a better understanding and seeking success in the world's most dynamic marketplace will benefit greatly from reading this book. This book is essential reading for anyone interested in Chinese economics and business, Chinese Law, Chinese politics and commercial law.

Beyond Shareholder Wealth Maximisation

Author: Min Yan
Publisher: Routledge
ISBN: 1351973584
Size: 57.70 MB
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The corporate objective, namely, in whose interests a company should be run, is the most important theoretical and practical issue confronting us today, as this core objective animates or should animate every decision a company makes. Despite decades of debate, however, there is no consensus regarding what the corporate objective is or ought to be, but clarity on this issue is necessary in order to explain and guide corporate behaviour, as different objectives could lead to different analyses and solutions to the same corporate governance problem. In addition to the study on the corporate objective in Anglo-American jurisdictions, the discussion of this topic in the context of China is also very important on the grounds that China has become the second largest economy in the world and is playing an increasingly significant role in global affairs. Though a socialist state, China has also been relying heavily on the corporate vehicle as the most important business organisational form to ensure its rapid economic development since its market reforms in 1978. Adolf Berle and Gardiner Means’s observation made over eight decades ago that large public companies dominate the world remains true today, not only in the West but also in China. The regulation and governance of such companies will have a material impact on the further development of the Chinese economy, which could in turn directly affect the world economy. Company law and corporate governance therefore receive much attention and have become a vital issue in China. Although the current focus is primarily on corporate performance, the fundamental question at the heart of corporate governance, namely the corporate objective, is still unresolved. Contrary to the widely held belief that the corporate objective should be maximising shareholder wealth, this book seeks to demonstrate that the shareholder wealth maximisation approach is both descriptively inaccurate and normatively unsuitable. As an antithesis to it, stakeholder theory generally develops to be a more suitable substitute. Justifications and responses to its main criticisms are offered from descriptive, normative and instrumental aspects, whilst new techniques of balancing competing interests and more workable guidance for directors’ behaviour are brought forward as essential modifications. Along with the unique characteristics of socialist states, the stakeholder model is expected to find solid ground in China and guide the future development of corporate governance. This book will be important and useful to researchers and students of corporate law, corporate governance, business and management studies.

China S Influence On Non Trade Concerns In International Economic Law

Author: Paolo Davide Farah
Publisher: Routledge
ISBN: 1317167198
Size: 53.10 MB
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This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Conflict And Cooperation In Sino Us Relations

Author: Jean-Marc F. Blanchard
Publisher: Routledge
ISBN: 1317664264
Size: 59.48 MB
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Numerous crosswinds are buffeting the more than 40-year-old People's Republic of China--American relationship, yet only once since Nixon’s historic trip to China in 1972 has a major conflagration seemed a real possibility. Anchoring the relationship throughout multiple storms are the two countries’ broad areas of collaboration such as deep links in culture, economics, and education. However, for some observers, the conflictual aspects of the relationship seem to be gaining prominence. Conflict and Cooperation in Sino-US Relations offers a timely and current look at one of the world’s weightiest bilateral relationships. It goes beyond detailing the conflict and cooperation that have been integral facets of China--US interactions since 1972, to gauging the relationship's evolution and future trends, examining its nuances regarding diverse issues such as the Asia-Pacific leadership structure, the South China Sea, and the Korean peninsula. The book further delves into the causes of conflict and cooperation, offers diverse solutions for tempering frictions between Beijing and Washington, and considers the efficacy of some of the mechanisms (e.g., military-to-military exchanges) that China and the US currently employ to manage their relationship.The chapters suggest that extreme anxieties about China--US relations may be misplaced, but that there nonetheless are some worrisome signs even in areas like economics and the environment that are perceived as naturally cooperative. While the book does not offer any silver bullets, various contributors contend that successful management of Sino-American relations may require greater American accommodation of China’s interests.? This book will be of great interest to students and scholars of Chinese politics, American politics, international relations, and Asian studies, as well as to policy-makers working in the field.

Entrepreneurship In China

Author: Andrew Atherton
Publisher: Routledge
ISBN: 1317231058
Size: 50.62 MB
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The Chinese economy has grown faster for a longer period than any other economy in the world. It is now the second, and will soon become the largest, global economy. This is an astonishing transformation of a country that in the late 1970s was one of the poorest in Asia. Central to this economic miracle has been the emergence of a private sector of entrepreneurs who have started and grown businesses of all sizes and types. This book explores these wealth creators and builders of China’s new economy, and offers guidance on the best ways to work with China’s entrepreneurs and their growing businesses. Entrepreneurship in China looks at the dynamic and changing nature of entrepreneurship, and the need for entrepreneurs to refine, adapt and evolve their approaches within an uncertain, fast-changing and volatile environment. This book examines the distinctive and particular context of China for entrepreneurs, and offers insights into how entrepreneurship has emerged as the driver of China’s economy. This book will benefit business people, policy makers and researchers seeking to understand Chinese entrepreneurship and offers guidance to practitioners interested in working with private Chinese businesses.

Routledge Handbook Of Corruption In Asia

Author: Ting Gong
Publisher: Routledge
ISBN: 1317507878
Size: 32.41 MB
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Corruption in Asia ranges from the venal rent-seeking of local officials to the million-dollar bribes received by corrupt politicians; from excessive position-related consumption to future job offers in the private sector for compliant public servants; from money-laundering to ‘white elephant’ projects that do little more than line the pockets of developers and their political partners. The Routledge Handbook of Corruption in Asia addresses the theories, issues and trends in corruption and anticorruption reform that have emerged from this diverse experience. The book is divided into four major parts: corruption and the state; corruption and economic development; corruption and society; and controlling corruption: strategies, successes and failures. Chapters compare and contrast corruption in different social and institutional contexts, examine both successful and unsuccessful attempts to control it, and consider what lessons can be drawn from these Asian experiences. This academically rigorous and insightful book will be of interest to a wide range of students and scholars, particularly those of Asian studies, politics and sociology.

A Nation State By Construction

Author: Suisheng Zhao
Publisher: Stanford University Press
ISBN: 9780804750011
Size: 46.71 MB
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This is the first historically comprehensive, up-to-date analysis of the causes, content, and consequences of nationalism in China, an ancient empire that has struggled to construct a nation-state and find its place in the modern world. It shows how Chinese political elites have competed to promote different types of nationalism linked to their political values and interests and imposed them on the nation while trying to repress other types of nationalism. In particular, the book reveals how leaders of the PRC have adopted a pragmatic strategy to use nationalism while struggling to prevent it from turning into a menace rather than a prop.