1st Edition

Law and Policy for China's Market Socialism

Edited By John Garrick Copyright 2012
    288 Pages 3 B/W Illustrations
    by Routledge

    284 Pages 3 B/W Illustrations
    by Routledge

    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.

    Introduction: Law and Policy for China's Market Socialism John Garrick  Part 1: China’s Evolving Investment, Company and Business Law Environment  1. China’s Outward Direct Investment in Context: From ‘Open Door’ to ‘Going Out’ Jianfu Chen  2. Company Law Reform in China Xianchu Zhang  3. China's Enterprise Bankruptcy Law: Implementation of the Corporate Reorganization Provisions Roman Tomasic and Zinian Zhang  4. Chinese Contract Law after the UN Convention on Contracts for the International Sale of Goods Yan Chang Bennett  Part 2: Critical Issues for China’s Law and Policy Reforms  5. Understanding Chinese Real Estate: The Property-Boom in Perspective Richard Hu  6. The Political Economy of China’s Environmental Law Reforms Feng Lin, Andrew Chan and Wilson Cheung  7. Implementing China's Labor Law Reforms: Interests and Obligations at the Firm-Level William J. Hurst, Jonathan Kinkel and Alexandra Sowash  8. Chinese Outward Direct Investment: Case Studies of SOEs going Global Yingjie Guo, Shumei Hou, Graeme Smith and Selene Martinez-Pacheco  9. China’s Taxation Law Reforms in the Context of ‘Market Socialism’ John Garrick  Part 3: Courts, Alternative Dispute Resolution and Anti-Corruption Measures in China  10. Economic and Social Rights: The Role of Courts in China Randall Peerenboom  11. Alternative Dispute Resolution in China Fan Yu  12. Organised Crime in China: The Chongqing Crackdown Norman P. Ho  13. Conclusion: Law and Policy for ‘Opening Up’ [kaifang] and ‘Going Out’ [zou chu qu], John Garrick


    John Garrick is a solicitor of the Supreme Court of New South Wales and former judge’s associate of the Supreme Court. He is currently Senior Research Fellow at MGSM and convenor of the Business Law and Corporations Law programs at Macquarie University, Australia.