Law Business / Commercial Law Others

A Legal Theory of State-Owned Enterprises: The China Experience

By James Si Zeng
New Arrival Cambridge University Press February 2026

Specifications

ISBN-13
9781009457682
Publisher
Cambridge University Press
Publication
February 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

The privatization of state-owned enterprises (SOEs) is more accurately described as a process of legalization rather than liberalization, given that the state often continues to regulate private enterprises even after privatization. This process requires clearly defining the boundaries between public power and private property, which entails significant social costs. The continued prevalence of SOEs in China is largely due to the difficulty of defining these boundaries, especially in sectors where safeguarding private property clashes with state priorities. Such sectors include water utilities, coal mining, commercial banking, and infrastructure, where competing state goals complicate the full privatization of the market. Therefore, it is essential to be cautious against the legal centrist view' that assumes law is inherently superior to state ownership. Privatizing SOEs is not merely the transfer of equity-it demands the establishment of advanced legal and regulatory frameworks, making it a complex and gradual endeavor.

Table of Contents

Introduction
1. Introducing the legal theory of state-owned enterprises
2. Explaining local-government-owned enterprises in different sectors in China through the legal theory
3. Compensation for legal transition and China's hierarchical protection of private enterprises
4. Enforcement of public-private partnership contracts and the distribution of state ownership in China's infrastructure projects
5. The corporate form and state ownership in China
Conclusion: measures to reduce regulatory costs and reform of state-owned enterprises
References
Index
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