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.
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.
The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.
How China Became Capitalist details the extraordinary, and often unanticipated, journey that China has taken over the past thirty five years in transforming itself from a closed agrarian socialist economy to an indomitable economic force in the international arena. The authors revitalise the debate around the rise of the Chinese economy through the use of primary sources, persuasively arguing that the reforms implemented by the Chinese leaders did not represent a concerted attempt to create a capitalist economy, and that it was 'marginal revolutions' that introduced the market and entrepreneurship back to China. Lessons from the West were guided by the traditional Chinese principle of 'seeking truth from facts'. By turning to capitalism, China re-embraced her own cultural roots. How China Became Capitalist challenges received wisdom about the future of the Chinese economy, warning that while China has enormous potential for further growth, the future is clouded by the government's monopoly of ideas and power. Coase and Wang argue that the development of a market for ideas which has a long and revered tradition in China would be integral in bringing about the Chinese dream of social harmony.
In the midst of China’s post-Mao market reforms, the old status hierarchy is collapsing. Who will determine what will take its place? In Creating Market Socialism, the sociologist Carolyn L. Hsu demonstrates the central role of ordinary people—rather than state or market elites—in creating new institutions for determining status in China. Hsu explores the emerging hierarchy, which is based on the concept of suzhi, or quality. In suzhi ideology, human capital and educational credentials are the most important measures of status and class position. Hsu reveals how, through their words and actions, ordinary citizens decide what jobs or roles within society mark individuals with suzhi, designating them “quality people.” Hsu’s ethnographic research, conducted in the city of Harbin in northwestern China, included participant observation at twenty workplaces and interviews with working adults from a range of professions. By analyzing the shared stories about status and class, jobs and careers, and aspirations and hopes that circulate among Harbiners from all walks of life, Hsu reveals the logic underlying the emerging stratification system. In the post-socialist era, Harbiners must confront a fast-changing and bewildering institutional landscape. Their collective narratives serve to create meaning and order in the midst of this confusion. Harbiners collectively agree that “intellectuals” (scientists, educators, and professionals) are the most respected within the new social order, because they contribute the most to Chinese society, whether that contribution is understood in terms of traditional morality, socialist service, or technological and economic progress. Harbiners understand human capital as an accurate measure of a person’s status. Their collective narratives about suzhi shape their career choices, judgments, and child-rearing practices, and therefore the new practices and institutions developing in post-socialist China.
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
In From Accelerated Accumulation to Socialist Market Economy in China, Kjeld Erik Br�dsgaard and Koen Rutten shed new light on the changing discourse that has shaped China's idiosyncratic model of economic development.
A significant contribution to both political theory and China studies, this volume provides a critical assessment of the past and future Chinese socialism.
