From Administrative Authorisation to Private Law: A Comparative Perspective of the Developing Civil Law in the People's Republic of China

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Martinus Nijhoff Publishers, 1995 - 324 頁
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.

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內容

INTRODUCTION
1
THE DEVELOPMENT OF CIVIL
7
Reform of Law under the Kuomintang Government
14
Problems Underlying Theories and Practice
66
ECONOMIC REFORM ADMINISTRATIVE AUTHORISATION
69
Evolution of Economic Reform Policies
75
Legal Responses to Economic Reform Policies
87
CHAPTER FOUR
94
Legal Theories and Legal Developments
188
Towards a Consensus among Scholars
194
The Early Proposal of the World Bank
204
The Legal Debate
212
Difficulties in Using Capitalism for Socialism
220
Towards a Second Separation of Two Rights
230
AN INDIRECT SOLUTION
236
Challenges to Chinese Civil Law Science in
252

The Nature of Legal Personality
103
EQUALITY AMONG UNEQUALS
109
Inequalities Among Economic Entities
121
Fundamental Obstacles to Civil Law Development
132
The Common Law System of Property Law
141
The Chinese Conception of Property Rights
150
An Elementary System with Mixed Influences
159
Towards the core of the Problems
269
A Civil Code for a Socialist Market Economy?
280
Selected Bibliography Materials in English
289
Selected Bibliography Materials in Chinese
299
Index
316
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