From administrative authorisation to private law : a comparative perspective of the developing civil law in the People's Republic of China

著者

書誌事項

From administrative authorisation to private law : a comparative perspective of the developing civil law in the People's Republic of China

by Jianfu Chen

M. Nijhoff, c1995

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注記

Based on the author's thesis (Ph.D.--University of Sydney)

Includes bibliographical references (p. [289]-315) and index

内容説明・目次

内容説明

This book is an in-depth, comparative study of the nature of civil and commercial law and of its development in the PRC. It focuses on the very complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in the PRC. It also analyses the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides fresh insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil and commercial law in contemporary China.

目次

Preface. Abbreviations. Table of Major Civil Codes. Table of Major Statutes, Regulations and Documents. Introduction. One: Historical Background: the Development of Civil Law in China before 1949. Two: The Development of Civil Law and Changing Conceptions of Civil Law in the PRC. Three: Economic Reform, Administrative Authorisation and Legal Personality of Economic Entities. Four: Legal Persons in Chinese Civil Law and Jurisprudence. Five: Between the Old and the New: Equality among Unequals and the Battle Fronts of Civil Law Development in the PRC. Six: Changing Conceptions of Property Rights in the PRC in a Comparative Perspective. Seven: Chinese Theories on the Right of Operation: the Search for a Socialist Solution. Eight: Securitisation: a Capitalist Tool for a Socialist Solution? Nine: Enterprise Grouping: an Indirect Solution to a Fundamental Problem? Conclusion and Future Prospects. Selected Bibliography: Materials in English. Selected Bibliography: Materials in Chinese. Index.

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