Law and Investment in China: The Legal and Business Environment after China's WTO Accession

by Lo; Vai Io

• ISBN13: 9780415324793
• ISBN10: 0415324793
• Edition: 1st
• Format: Hardcover
• Copyright: 2005-01-21
• Publisher: RoutledgeCurzon

Summary

The Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment, and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.

Author Biography

Vai Io Lo specializes in Asian and comparative law, especially American, Chinese, and Japanese laws and is currently teaching at the International University of Japan.

Table of Contents

Preface	ix
An overview of the Chinese legal system	1	(23)
The Chinese legal system from 1949--78	1	(2)
Economic and legal reforms in the late 1970s and early 1980s	3	(1)
Constitution and state structure	4	(6)
Legislation	10	(5)
The judicial system	15	(4)
The legal profession	19	(5)
Further reading	21	(1)
Notes	22	(2)
Business organizations	24	(34)
A state-owned enterprise, a collectively owned enterprise, a stock cooperative enterprise, and a jointly operated enterprise	25	(2)
A sole proprietorship	27	(2)
A partnership	29	(5)
A limited liability company and a company limited by shares	34	(14)
Selected cases	48	(10)
Further reading	55	(1)
Notes	55	(3)
Foreign investment enterprises	58	(61)
Representative office of a foreign enterprise	59	(2)
Branch of a foreign company	61	(1)
Equity joint ventures	62	(8)
Cooperative joint ventures	70	(7)
Wholly foreign-owned enterprises	77	(6)
Foreign companies limited by shares	83	(2)
A comparison of an equity joint venture, a cooperative joint venture, a wholly foreign-owned enterprise, and a foreign company limited by shares	85	(1)
Merger, division, and conversion of foreign investment enterprises	86	(6)
Liquidation of foreign investment enterprises	92	(4)
Investment catalogs	96	(4)
Foreign investment from 1979 to 2002	100	(3)
Selected cases	103	(16)
Further reading	114	(1)
Notes	114	(5)
Contracts	119	(32)
General principles of the Contract Law	120	(12)
Specific contracts	132	(11)
Selected cases	143	(8)
Further reading	149	(1)
Notes	149	(2)
Intellectual property	151	(55)
Overview	151	(2)
Patents	153	(9)
Trademarks	162	(10)
Copyright	172	(11)
Trade secrets	183	(1)
Selected cases	184	(22)
Further reading	202	(1)
Notes	202	(4)
Labor and employment	206	(30)
During the 1980s and early 1990s	207	(2)
Since 1994	209	(15)
Selected cases	224	(12)
Further reading	233	(1)
Notes	233	(3)
Consumer protection	236	(22)
Product liability	236	(7)
Advertising	243	(2)
Direct/pyramid selling	245	(2)
Internet sales	247	(3)
Selected cases	250	(8)
Further reading	256	(1)
Notes	256	(2)
Taxation, banking, and securities	258	(37)
Taxation	258	(11)
Banking	269	(5)
Securities	274	(11)
Selected cases	285	(10)
Further reading	291	(1)
Notes	291	(4)
Dispute resolution	295	(30)
Conciliation/mediation	295	(2)
Administrative proceedings	297	(5)
Litigation	302	(6)
Arbitration	308	(9)
Selected cases	317	(8)
Further reading	322	(1)
Notes	323	(2)
Accession to the World Trade Organization	325	(24)
Background	325	(6)
Basic rights and obligations	331	(3)
Commitments to trade in goods	334	(5)
Commitments to trade in services	339	(7)
The Impact on the Chinese economy and opportunities for investors	346	(3)
Further reading	347	(1)
Notes	348	(1)
The development of the western region	349	(21)
Background and objectives	349	(7)
Priorities in development	356	(6)
Preferential policy treatment for foreign investors	362	(8)
Further reading	367	(1)
Notes	368	(2)
Table of Chinese legal documents	370	(5)
Table of cases	375	(1)
Useful web sites	376	(1)
Index	377