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Book
x, 134 pages ; 26 cm.
Law Library (Crown)
Book
xviii, 214 pages ; 25 cm.
  • Foreword
  • Introduction
  • Shareholder wealth maximisation revisited
  • Shareholder power and shareholder empowerment
  • Shareholder rights and corporate objectives in China : past and present
  • Towards stakeholder model
  • A more suitable corporate objective in China
  • Conclusion.
Corporate objective, namely, for whose interests should a company be run, is the most important theoretical and practical issues confronting us today, as the core objective animate or should animate every decision a company makes. Despite decades of debate, there is no consensus regarding what the corporate objective is or ought to be. However, 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 the Anglo-American jurisdictions, the discussion of this topic in the context of China is also very important on the ground 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 also heavily relies on the corporate vehicle as the most important business organisation to ensure its rapid economic development since its market reforms in 1978. Adolf Berle and Gardiner Means's observation 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 and normatively unsuitable. As an antithesis to it, stakeholder theory generally develops to be a more suitable substituent. 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 researches and students of corporate law, corporate governance, business and management studies.
(source: Nielsen Book Data)9781138288867 20171204
Law Library (Crown)
Book
xxv, 207 pages ; 25 cm.
  • Preface to the English edition
  • Preface to the Chinese edition
  • Foreword / Paul Gewirtz
  • The second ideological emancipation or a utopia?
  • On the innovation and transplantation of institutions and its self-organization
  • The considerations and a mistake of critics
  • Organism and liberty : the paradox of Hayek's rule of law (a discussion with Professor Deng Zhenglai about spontaneous oder)
  • The wisdom and prejudice of Carl Schmitt's constitutional theory
  • On two analytical frameworks provided for the debate of jurisprudence
  • Definite uncertainties and the grand design of the legal system in China
  • The judicial reform in China : the status quo and future directions
  • To implement the rule of law through "the system of three kinds of review"
  • Legal mode of social transformation
  • Tradition and innovation of legal order
  • Conditions for modern rule of law
  • The roots of law and its efficacy
  • Institutional combinations between "sollen" and "actuality"
  • Efficiency-seeking jurisprudence
  • The quantitative analysis and prediction of changes in law
  • The rule of private law and economic development
  • Reflections on relational contract theory
  • The status and role of parties in action inside and outside of court
  • Law and society geared to the 21st century : reflections on the 31st session of the symposium of the Research Committee on the Sociology of Law of the International Sociological Association.
After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.
(source: Nielsen Book Data)9781138089105 20180508
Law Library (Crown)
Book
xiii, 206 pages : illustrations ; 24 cm.
  • Introduction
  • States of origin and cultural heritage
  • Availability of a legal basis for the return of China's cultural heritage
  • Customary international law
  • Return of cultural heritage looted during armed conflicts
  • Return of cultural heritage stolen and illegally exported in peacetime
  • Evolving social and ethical norms : practice of individuals, private museums, and auction houses
  • Return of historically removed heritage.
China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840-1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840-1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
(source: Nielsen Book Data)9781138093249 20180430
Law Library (Crown)
Book
xiv, 362 pages ; 24 cm.
  • Australia, China, and ChAFTA : punching above both belt and weight / Colin B. Picker
  • An analytical introduction to ChAFTA: features and challenges / Heng Wang
  • A comparative context : ensuring Australian and Chinese legal systems coexist to facilitate harmonious and trustworthy trade / Nicholas Morris
  • ChAFTA's external impact on related Mega-FTAs / Chang-fa Lo
  • The China-Australia FTA and Australia's FTAs with other Asian countries : their implications for future SOE regulation / Takemasa Sekine
  • Services liberalisation in ChAFTA : progress assessment and the way forward / Jingxia Shi
  • Culture-oriented mode 4 under ChAFTA : policy considerations / Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin
  • Breakthrough or standstill? : China's liberalisation of legal services under ChAFTA / Weihuan Zhou and Junfang Xi
  • Trade in education services under ChAFTA : what does it mean for Australia? / Eva Chye
  • Substantive provisions in chAFTA's investment chapter / Vivienne Bath
  • Australia, China, and the coexistence of successive international investment agreements / Tania Voon and Elizabeth Sheargold
  • A comparative review of the investor-state arbitration clause in ChAFTA from China's perspective : moving forwards or sideways? / Shu Zhang
  • Investor-state dispute settlement and the Australian constitutional framework / Lisa Burton Crawford, Patrick Emerton, and Emmanuel Laryea
  • E-commerce in chAFTA : new wine in old wineskins? / Henry Gao
  • Expanding the E-commerce chapter in chAFTA : a green box, orange box, and red box approach / Jie (Jeanne) Huang
  • The ideas boom : the innovation economy in the post-ChAFTA Australia-China relationship / Ken Shao.
This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China-Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.
(source: Nielsen Book Data)9781509915385 20180326
Law Library (Crown)
Book
xix, 303 pages ; 24 cm.
  • Introduction
  • History. Historical roots of conflict rules in China ; Philosophical evolution of conflicts of law through a Western lens
  • Restatement. Overview ; General provisions ; Limitations on application of foreign law ; Habitual residence ; Civil subjects ; Jurisdiction ; Status ; Inheritance ; Property ; Contract ; Agency ; Trusts ; Tort ; Unjust enrichment and negotiorum gestio ; Intellectual property ; Negotiable instruments ; Maritime matters ; Civil aircraft ; Inter-regional conflicts of law ; Recognition and enforcement of foreign judgments
  • Legisprudence. The rational paradigm of conflicts of law with Chinese characteristics ; Draft code on conflicts of law of the People's Republic of China ; Conclusion.
"A pioneering systematization of Chinese legislation, regulations, judicial instructions and directives, doctrinal materials, and selected judicial practice relating to private international law, set out in the form of a Restatement, with commentary, followed by a draft Code which distills the best of the material and makes suggestions for improvements or offers a rationale for retaining the existing rules--drawing upon leading worldwide experience and trends. Dr. Zhu offers a learned, insightful, and informed illumination of a singularly obscure and complex domain of Chinese law, offering reasoned solutions or approaches that legal practitioners, academic lawyers, and policymakers will find instructive"-- Page [4] of cover.
Law Library (Crown)
Book
xiv, 312 pages ; 24 cm
  • The law, China, and the world : an introduction / Yun Zhao and Michael Ng
  • Punishments in the post re-education through labour world : questions about minor crime in China / Sarah Biddulph
  • Understanding the presumption of innocence in China : institution and practice / Lin Xifen and Casey Watters
  • Judicial approach to human rights in transitional China / Shucheng Wang
  • Public enforcement of securities laws : a case of convergence? / Chao Xi and Xuanming Pan
  • China's free trade from SEZs to CEPA to FTZs : the Beijing consensus in global convergence and divergence / Wenwei Guan
  • Achievements and challenges of Chinese maritime judicial practice / Liang Zhao
  • Interaction of national law-making and international treaties : implementation of the convention against torture in China / Björn Ahl
  • Online privacy protection : a legal regime for personal data protection in China / Yun Zhao
  • Traditionalising Chinese law : symbolic epistemic violence in the discourse of legal reform and modernity in late Qing China / Li Chen
  • Judicial orientalism : imaginaries of Chinese legal transplantation in common law / Michael Ng
  • Commercial arbitration transplanted : a tale of the book industry in modern Shanghai / Billy K.L. So and Sufumi So
  • China's unilateral abrogation of the Sino-Belgian treaty : case study of an instance of deviant transplantation / Maria Adelel Carrai
  • Consequential court and judicial leadership : the unwritten Republican judicial tradition in China / Zhaoxin Jiang.
This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.
(source: Nielsen Book Data)9781107182004 20180409
Law Library (Crown)
Book
ix, 319 pages ; 24 cm.
Law Library (Crown)
Book
xvi, 311 pages ; 25 cm.
This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author's strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.
Law Library (Crown)
Book
x, 219 pages ; 24 cm
  • Introduction
  • The evolution of land law in China : partial reform, vested interests, and small property
  • Planting houses in Shenzhen
  • Small property, big market : a focal point explanation
  • Small property, adverse possession, and optional law
  • Small property in transition : a tale of two villages
  • All quiet on the judicial front?
  • Conclusion: Market transition : sticky norms or sticky law?
Small property houses provide living space to about eight million migrant workers, office space for start-ups, grassroots police stations and public schools; their contribution to the economic growth and urbanization of a city is immense. The interaction between the small property sector and the formal legal order has a long history and small property has become an established engine of social and legal change. Chinese Small Property presents vivid stories about how institutional entrepreneurs worked together to create an impersonal market outside of the formal legal system to support millions of transactions. Qiao uses an eleven-month fieldwork project in Shenzhen - China's first special economic zone that has grown to a mega city with over fifteen million people - to demonstrate this. A thorough and detailed investigation into small property rights in China, Chinese Small Property is an invaluable source of new information for students and scholars of the field.
(source: Nielsen Book Data)9781107176232 20180430
Law Library (Crown)
Book
xvii, 284 pages : illustrations ; 24 cm.
  • Introduction
  • The rise of a nationwide contentious public sphere
  • The Chinese state's turn to law and rights
  • Critical news reporting and legal-media collaborative networks
  • Extending liberalization from the press to the Internet
  • An emerging online public
  • The Chinese state strikes back
  • Conclusion.
Since the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen? In The Contentious Public Sphere, Ya-Wen Lei shows how the Chinese state drew on law, the media, and the Internet to further an authoritarian project of modernization, but in so doing, inadvertently created a nationwide public sphere in China--one the state must now endeavor to control. Lei examines the influence this unruly sphere has had on Chinese politics and the ways that the state has responded. Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to influence the public agenda, demand accountability from the government, and organize around the concepts of law and rights. She demonstrates how citizens came to understand themselves as legal subjects, how legal and media professionals began to collaborate in unexpected ways, and how existing conditions of political and economic fragmentation created unintended opportunities for political critique, particularly with the rise of the Internet. The emergence of this public sphere--and its uncertain future--is a pressing issue with important implications for the political prospects of the Chinese people. Investigating how individuals learn to use public discourse to influence politics, The Contentious Public Sphere offers new possibilities for thinking about the transformation of state-society relations.
(source: Nielsen Book Data)9780691166865 20171204
Law Library (Crown)
Book
pages cm
  • Machine generated contents note: 1. Introduction; 2. Commencement of Corporate Reorganizations in China; 3. Control of Chinese Corporate Reorganizations; 4. Corporate Reorganization Financing in China; 5. Value Creation and Distribution in Chinese Corporate Reorganizations; 6. Approval of Corporate Reorganization Plans in China; 7. Cross-Border Corporate Reorganizations in China; 8. Conclusion.
"The first comprehensive empirical study on corporate bankruptcy reorganizations in the second largest economy, China, investigating the formal corporate restructurings handled by China's courts between 2007 and 2015. The data and analysis presented in the book provide a unique lens from which China's newly-enacted Chapter 11-styled corporate reorganization law, both in the books and in practice, can be understood and from which the interaction between business and state in dealing with corporate bankruptcies in China could be better comprehended. This book benefits from the author's ten-year business law practice in China, and his insights on China's judicial and political system considerably enrich the arguments. In particular, this book sheds light on commencement of bankruptcy reorganizations, control models, corporate reorganization financing, value distribution, approval of reorganization plans and cross-border reorganizations under the China Enterprise Bankruptcy Law of 2006" -- Provided by publisher.
Law Library (Crown)
Book
iv, 7, 607 pages ; 23 cm.
中国古代宪制作为人类历史上持久存在的制度 经验, 有其自己的逻辑和合理之处.但近年来社科领域特 别是法学领域, 对于中国自己的制度研究较少.作者从法学, 社会学, 历史学等多个学科的宏观视角出发, 对历史中国的宪制经验进行了总体把握和深度总 结, 揭示了历史中国千年传承, 具有强大活力的原因, 并力图阐释中国在制度文明上独有的贡献.本研究 从历史中国所面临的至关重要的核心政治问题出 发, 逐一阐释了'齐家''治国''平天下'.
East Asia Library
Book
xvii, 342 pages ; 24 cm
  • Introduction
  • Socio-economic and legal foundations of modern China
  • China's experimentalist approach to reform
  • Delegated legislative power of the Shenzhen SEZ
  • Major achievements in experimenting with novel regulatory approaches
  • Legality versus efficiency of reform
  • Summary.
This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.
(source: Nielsen Book Data)9783319776156 20181015
Law Library (Crown)
Book
520 pages : illustrations, portraits ; 25 cm
  • Foreword: Corporate integrity in China : international rules and cultural China
  • The Foreign Corrupt Practices Act : implications for companies doing business in China
  • China and the UK Bribery Act
  • Non-compliance in China : obligations and risks for German employees, German parent companies and their management
  • Overview of the anti-bribery laws in China from the perspective of a foreign company
  • Managing antitrust risks in China
  • Corporate risk management in China through transparency and prevention : legal and management hints for foreign businesses and executives in China
  • Enterprise management as a compliance tool : practical examples from daily work in China
  • Risk prevention through corporate culture and compliance training : basic tools of PRC employment law
  • Insurability of business risks in China through D&O insurance
  • Navigating the China customs landscape
  • Product compliance in China
  • Environmental compliance & business continuity risk management
  • Managing risks and compliance in M&A transactions in China
  • Managing compliance valuation risks in M&A in China
  • Risk factors and risk mitigation in China from a banking perspective
  • Controlling and compliance management in China
  • IT security in China
  • Risk management considerations for the automotive industry in China
  • An overview of compliance in China : the pharmaceutical sector.
Law Library (Crown)
Book
5, 4, 207 pages ; 23 cm
East Asia Library
Book
xv, 228 pages : 1 map ; 22 cm.
  • Introduction
  • Human rights and competing conceptions of justice, law and power in China
  • Institutional avenues of human rights advocacy
  • Liberty and life
  • Expression and thought
  • Inequality and socio-economic rights
  • Rights defenders
  • Conclusion.
How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that - contributing to a global trend - it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China's human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.
(source: Nielsen Book Data)9781509500727 20180129
Law Library (Crown)
Book
x, 300 pages ; 24 cm
Law Library (Crown)
Book
xviii, 388 pages : illustrations ; 24 cm.
  • Introduction
  • No legalese please : why the dissemination of laws became a problem
  • Paper trials : how the publishing field adapted to law propaganda
  • What is a basic spirit? : the marriage law and the model legal education campaign
  • Getting people to abide by law : the Constitution draft discussion and its aftermath
  • Constitutional dilemmas : reworking law propaganda for a new socialist era
  • A new type of five-year plan : institutionalizing "common legal knowledge"
  • Conclusion.
The popularization of basic legal knowledge is an important and contested technique of state governance in China today. Its roots reach back to the early years of Chinese Communist Party rule. Legal Lessons tells the story of how the party-state attempted to mobilize ordinary citizens to learn laws during the early years of the Mao period (1949-1976) and in the decade after Mao's death. Examining case studies such as the dissemination of the 1950 Marriage Law and successive constitutions since 1954 in Beijing and Shanghai, Jennifer Altehenger traces the dissemination of legal knowledge at different levels of state and society. Archival records, internal publications, periodicals, advice manuals, memoirs, and colorful propaganda materials reveal how official attempts to determine and promote "correct" understanding of written laws intersected with people's interpretations and practical experiences. They also show how diverse groups-including party-state leadership, legal experts, publishers, writers, artists, and local officials, along with ordinary people-helped to define the meaning of laws in China's socialist society. Placing mass legal education and law propaganda at the center of analysis, Legal Lessons offers a new perspective on the sociocultural and political history of law in socialist China.
(source: Nielsen Book Data)9780674983854 20180730
Law Library (Crown)
Book
xviii, 388 pages : illustrations ; 24 cm.
  • Part I. Preparations: 1949-1954: No legalese please: why the dissemination of laws became a problem
  • Paper trials: how the publishing field adapted to law propaganda
  • Part II. Practices: 1950-1962: What is a basic spirit?: the marriage law and the model legal education campaign
  • Getting people to abide by law: the Constitution draft discussion and its aftermath
  • Part III. Revivals: 1970-1989: Constitutional dilemmas: reworking law propaganda for a new socialist era
  • A new type of five-year plan: institutionalizing "common legal knowledge."
The popularization of basic legal knowledge is an important and contested technique of state governance in China today. Its roots reach back to the early years of Chinese Communist Party rule. Legal Lessons tells the story of how the party-state attempted to mobilize ordinary citizens to learn laws during the early years of the Mao period (1949-1976) and in the decade after Mao's death. Examining case studies such as the dissemination of the 1950 Marriage Law and successive constitutions since 1954 in Beijing and Shanghai, Jennifer Altehenger traces the dissemination of legal knowledge at different levels of state and society. Archival records, internal publications, periodicals, advice manuals, memoirs, and colorful propaganda materials reveal how official attempts to determine and promote "correct" understanding of written laws intersected with people's interpretations and practical experiences. They also show how diverse groups-including party-state leadership, legal experts, publishers, writers, artists, and local officials, along with ordinary people-helped to define the meaning of laws in China's socialist society. Placing mass legal education and law propaganda at the center of analysis, Legal Lessons offers a new perspective on the sociocultural and political history of law in socialist China.
(source: Nielsen Book Data)9780674983854 20180730
Green Library