LEGAL DEVELOPMENTS IN CHINA:MARKET ECONOMY AND LAWPDF电子书下载

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PART 1 -- MODERNIZATION, MARKET ECONOMY AND LAW 3

The Developing Theory of Law and Market Economy in Contemporary China&by Albert H.Y. Chen) 3

Introduction 3

General Considerations 5

Special Issues 9

Conclusion 12

Notes 15

Administrative Law and the Market Economy&by Professor Jiang Mingan 21

Introduction 21

The Nature and History of Administrative Law 22

Administrative Law and the Market Economy 22

Functions of Administrative Law 23

Conclusion 26

From Mixed to Market Economy -- Constitutional Experience in India&by Professor Mahendra P. Singh 27

Notes 35

Appendix -- The Constitution of India 36

PART 2 -- COMPANY LAW: HONG KONG AND CHINA 51

Proposals for a New Corporate Rescue Procedure in Hong Kong&by Professor Edward L.G. Tyler 51

Corporate Failure Generally 51

Current Position on Company Rescue 53

Companies Ordinance (Cap 32) Section 166 55

The Alternatives or Additions to Section 166 57

Insolvency Law Reform in Hong Kong 57

Characteristics of a Good Rescue Procedure 58

The Sub-Committee's Recommendations 60

The Carrot and the Stick 65

Notes 68

Expanding Shareholder Control in Hong Kong&by Philip Lawton 70

General Background 70

The Enhancement of Shareholder Value 72

Corporate Control and the Family Business 74

Corporate Democracy and Shareholder Consent 79

The Role of the Institutional Shareholder 80

Ownership Concentration and Management Remuneration in Hong Kong 87

The Market for Corporate Control 90

The Case for Independent Directors 92

Conclusion 96

Notes 99

The Securities and Futures Commission and Securities Regulation in Hong Kong&by Judith O'Hare 108

Introduction 108

Development of a Securities Market in Hong Kong 109

Origins of Security Regulation in the Modern Financial Market 114

Market Reform and the Securities and Futures Commission (SFC) 117

Current Role of the SFC and Recent Developments 121

Conclusions 124

Notes 126

Piercing the Company Veil and Regulation of Companies in China&by Zhang Xianchu 129

The Background and the Major Types of Abuses 129

The Current Legal Framework against Abuses of Incorporation 131

The Judicial Practice on Piercing Company Veil Actions 134

The Urgency of Introducing the Doctrine into China 138

Notes 140

Contemporary Market Economy and Mathematical Jurisprudence&by Professor Liu Ruifu 144

Mathematical Economy and the Law 144

Characteristics of Mathematical Jurisprudence 148

Field and Mission of Mathematical Jurisprudence 154

Branch, Structure and Future of Mathematical Jurisprudence 166

PART 3 -- BANKING AND CONTRACT 171

The Market Economy and Freedom of Contract Issues Relating to the Unification of China's Contract Legislation&by Professor Wei Zhenying 171

Introduction 171

The Development of the Principle of Freedom of Contract 172

China's Market Economy and the Implementation of Freedom of Contract 175

Issues Relating to Freedom and Restriction of Contract in China's Uniform Contract Law 178

Notes 185

The Relationship between Commercial Banking Law and the Regulations of the PRC on Management of Foreign Funded Financial Institutions&by Professor Wu Zhipan 186

Origin and Development of the Legal Environment for Foreign Banks 187

Special Characteristics of the Legal Environment for Foreign Banks 189

Special Requirements for Foreign Financial Institutes 190

Special Licence Procedures 191

Special Scope of Business 192

Special Rules for Business Control 194

The Commercial Banking Law Applied to Foreign Banks 198

Effects of Different Legal Environments 202

Conclusion 204

A Step away from the Market? The Autonomy of Negotiable Instruments and the New Negotiable Instruments Law of the PRC&by Professor Derek Roebuck and Wong Wai-Ip 205

Background 205

Chinese and Common Law Ideologies 206

Planned Economies and Market Economies 207

The Need for Autonomy 209

Bills of Exchange 210

The York Airconditioning Case 211

The New Chinese Law 212

Documentary Letters of Credit 213

Conclusion 213

Notes 214

The Role of the Central Bank of China&by Dr D.K. Srivastava and Wang Chenguang 217

Introduction 217

The Role of the PBC in the Planned Economy 218

The Organization and Structure of the PBC 219

Formulation and Implementation of the Monetary Policy 220

Issuance of Renminbi (RMB) and Management of its Circulation 221

The Establishment of the Financial Institutions and the Supervision and Management of their Operation 221

The Supervision of Financial Markets 223

Reserve Funds 226

Re-discount 227

Interest Rates 228

Loans 229

Accounts for Financial Institutions and Clearing Services 230

Conclusion 231

Notes 231

Reconceptualizing China's Contract Law -- The Problem of Interpretation of Contract&by Ling Bing 235

The Relevance of the Problem 236

The Civil Law Approach 237

The Common Law Approach 238

The CISG Approach 238

The Draft Articles on Interpretation of Contract in the Uniform Contract Law 239

Conclusion 241

Notes 242

PART 4 -- THE ROLE OR GOVERNMENT IN MARKET ECONOMY 249

A Comparative Study on the Act of State Doctrine--With Special Reference to the Hong Kong Court of Final Appeal&by Professor Wang Guiguo 249

Acts of State under the Common Law 251

Acts of State under Civil Law 265

The Chinese Position 271

Synthesis of the Act of State Doctrine 276

Acts of State and the Basic Law of Hong Kong 282

Conclusion 284

Notes 285

The Function of Legal Evasion in China's Economic Reform -- From a Socio-Legal Perspective&by Dr Zhu Suli 294

Issues 294

A Case of Private Settlement 296

Folk Law 296

Reasons for Private Settlement 297

The Role of State Law 298

Final Analysis 299

Notes 301

Recent Developments in Consumer Production -- an Update&by Henry W.L.Chen and Stephen Foo 303

Development of Consumer Movement in Hong Kong 303

Formulation of a Set of Consumer Legislation in Hong Kong 305

"Dealing as a Consumer' 305

The Control of Exemption Clauses Ordinance (the "CECO') 306

The Supply of Services(Implied Terms) Ordinance (the "SOSITO') 310

The Unconscionable Contracts Ordinance (the "UCO') 310

The Consumer Goods Safety Ordinance [the "CGSO') 312

The Sale of Goods (Amendments) Ordinance 1994 313

The Consumer Council 314

The Consumer Legal Action Fund 315

Pre-sale of Land in Hong Kong and China 315

Advertisement and Sale of Properties Located in China 316

Conclusion 317

Notes 317

PART 5 -- CORRUPTION, MARKET REFORM AND CRIMINAL JUSTICE 325

Perfecting China's Legal System to Fight Crimes of Bribery&by Professor Chu Huaizhi 325

Definition of Concepts 325

Factors Involved in Corruption and Bribery 326

Developing a Legal System to Combat Bribery 328

Notes 335

The Present and Future of Criminal Defence in China&by Dr Fu Hualing 336

Introduction 336

The Role of Defence Lawyers in China 337

The Rights of Defence Lawyers 339

The Reform 345

Conclusion 348

Notes 348

References 350

The Present Situation of Corruption in China and Anti-corruption Countermeasures&by Zhang Xiaoqin 352

The Present Situation of Corruption and Its Characteristics 352

The Present Anti-corruption Counter-measures and Thoughts 354

PART 6 -- ENVIRONMENTAL AND CONSUMER PROTECTION 361

Protecting Consumers' Rights to Information&by Zhang Shouwen 361

Introduction 361

The Consumer Right to Information 361

The Importance of Protecting Consumer Rights to Information 362

Legal Protection of the Consumer Right to Information 365

Notes 369

Environmental Tort and Civil Remedies -- Problems in Environmental Legislation&by Professor Jin Ruilin) 371

Introduction 371

Characteristics of Environmental Tort 372

Attribution -- From Liability for Negligence to Liability Without Fault 373

Continental Law 376

The Causal Link Construction and the Shift of the Burden of Proof 377

Civil Remedies in Environmental Tort 379

Civil Remedies for Environmental Tort in China 383

Notes 384

Will the Balance Between Economic Development and Environmental Protection be Tipped to the Latter? -- An Examination of the 1995 Amendments to the Law of the PRC on Prevention and Control of Atmospheric Pollution&by Lin feng 386

Introduction 386

Current Status of China's Air Pollution 388

Examination of the 1987 Air Pollution Law 389

Analysis and Comparison of the EPB Proposals with the 1995 Amendments 393

Conclusion 402

Notes 403

Common Law, Common Sense and the Environment in Hong Kong&by Bryan Bachner 407

Evolution of the Common Law in Hong Kong 408

The Common Law and the Environment 413

Problems with the Application of the Common Law of Environmental Protection 421

Conclusion 423

Notes 424

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