From Administrative Authorisation to Private Law: A Comparative Perspective of the Developing Civil Law in the People's Republic of ChinaMartinus 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
The Nature of Civil Law and Its Development in the | 1 |
THE DEVELOPMENT OF CIVIL | 7 |
Reform of Law under the Kuomintang Government | 14 |
Introduction | 36 |
Problems Underlying Theories and Practice | 66 |
50 | 81 |
Utilitarianism in Action | 92 |
Requirements of Being a Chinese Legal Person | 98 |
An Elementary System with Mixed Influences | 159 |
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 |
The Nature of Legal Personality | 104 |
EQUALITY AMONG UNEQUALS | 109 |
Inequalities Among Economic Entities | 121 |
94 | 130 |
Fundamental Obstacles to Civil Law Development | 132 |
The Common Law System of Property Law | 141 |
The Chinese Conception of Property Rights | 150 |
Challenges to Chinese Civil Law Science in | 252 |
Towards the Core of the Problems | 269 |
A Civil Code for a Socialist Market Economy? | 280 |
Selected Bibliography Materials in English | 289 |
299 | |
316 | |
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Aktiengesetz Article Beijing Review China Law China Zhongguo Faxue Chinese Civil Law Chinese jurists Chinese scholars civil and commercial civil law relations collective enterprises commercial law commodity economy Company Law Council Daily Renmin Ribao discussions draft economic entities Economic Law economic reform Economic Structural Reform enterprise groups established Falü Fazhi foreign fundamental GPCL Guangyuan House of Law individual institution of legal issued Jingji joint operations Law Faxue Yanjiu legal person Legal Science legal system legislation Legislative Yuan National People's Congress op.cit organisations ownership rights Party People's Daily Renmin Principles of Civil private law Problems property rights public ownership Republic of China right of operation rights in rem Science and Law Science in China securitisation shareholders social socialist countries Socialist Market Economy SOES Soviet state-owned enterprises Studies in Law Sun Yatsen supra note theoretical theory Tong Rou Wang Liming