Chinese Legal Reform: The Case of Foreign Investment Law

By Yan Wang | Go to book overview

Index

a
administrative litigation law 5 , 28 , 68 , 149-50
administrative measures 11 , 26
administrative regulations 11 , 26 , 150 , 156 , 158-9 , 184 ,
local 26
allocated land-use rights 82 , 109-10
ambiguity of law 177
ambiguous role 176
arbitrary exercise of law 179
assessment of implementation 4
assignment of contracts 159
attorney system 30

b
banking 60 , 68 , 76 , 79 , 89 , 91
bankruptcy law 146-7
bourgeois liberalism 105
breach of contract 161-2 , 170
bureaucratic interference 6 , 106 , 149 , 178

c
capital account 81
capitalist restoration 44
capitalization requirements 83-4
centralized economic structure 33
choice of law 157-8 , 163
commodity economy under the socialist system 17
comparison 4 , 70 , 88 , 160
confucianization of law 21
conventional legal analysis 2
corporatization 19-20 , 33 , 118 , 149
corruption 30-4 , 42 , 104-5 , 151-5 , 160 , 180-3
current account 81
cultural concern 42-5 , 63 , 76

d
delegated legislation 26 , 108 , 150 , 179
dependency theory 58
deterrent 169 , 176-7
dilemma 58 , 64 , 70 , 103-4 , 118 , 123 , 149 , 176 ;
politico-economic 7 , 35 , 103
dilution of state ownership 20
director responsibility system 33 , 147
discretion 149-51 , 164 , 179 , 183 ;
unregulated 150 , 153
doctrine of 'legal reform' 2
domestic commerce 77
double track systems 153
dual legal system 3 , 14 , 173
dual objectives 176

e
economic distortion 39
economic law 18-9
economic-administrative measures 11
economic system 10-6 , 23-5 , 51-2 , 121 , 153 ,
effectiveness of law 72
enduring traditions 20
enforcement of contracts 169
enforcing 1 , 178 , 181 , 183
enterprise responsibility system 33
entry screening 70
environmental protection 85 , 108
envolving ideology 3 , 176
exegesis of legislation 2
expropriation 54 , 104 , 107 , 109
extraterritoriality 9
Exon-Florio amendments 97

f
Fair Trading Act 89
Feasibility study 111
force majeure 137 , 162 , 170
foreign exchange control 80
foreign portfolio investment 48 , 59

-252-

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Chinese Legal Reform: The Case of Foreign Investment Law
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Foreword ix
  • Series Editor's Preface xi
  • Acknowledgements xiii
  • Abbreviations xv
  • Introduction 1
  • 1 - The Main Features of China's New Legal System 9
  • 2 - The Politico-Economic Dilemma of China's Foreign Investment Law 35
  • 3 - The International Background to China's Foreign Investment Law 47
  • 4 - Objectives and Framework of Foreign Investment Law 58
  • 5 - Legal Controls on Foreign Direct Investment 70
  • 6 - Legal Incentives to Foreign Direct Investment 123
  • 7 - The Legal Protection of Foreign Investors' Management Autonomy 134
  • 8 - The Protection of Foreign Investors' Contract Rights 156
  • 9 - Conclusion 176
  • Appendix 1 185
  • Appendix 2 188
  • Notes 194
  • Select Bibliography 242
  • Index 252
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