Chinese Civil Law for Business

Author: Zhang Xiaoyang
Publisher: Open University of Hong Kong Press
ISBN: 9789627707936
Published In: April 2013
Format: Paperback , 342 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book offers clear and comprehensive coverage of civil law in China as it pertains to business. It takes a practical approach and is heavy on examples that are based on actual legal cases that have occurred in China. Using these examples, the author illustrates how civil law plays out in real-life situations.

The first two chapters describe the development and general principles of civil law in China, and this is followed by chapters on property rights law, the law of contract and tort liability law. China does not yet have a single civil code, and its civil law regime is made up of a complicated patchwork and hierarchy of laws and statutes. This book systematically gathers the relevant articles from these diverse sources under its chapter topics, explaining any differences among applicable laws and pointing out which take precedent.

The book offers fresh translations of the relevant legal texts. This should be a welcome addition to the field as there are few official English translations of these laws, and the unofficial ones vary greatly. The author provides explanations that make these sometimes difficult texts easily accessible.

Business people, students and scholars will all benefit greatly from this book. Readers will be repaid with an understanding of civil law that will make them more adept in any consideration of business in China and in any business dealing there. They will also gain a fuller picture of China’s economic systems (particularly its property system), the rationale behind these systems, and the policy orientations that will steer their future development.

Zhang Xiaoyang is an associate professor in the Lee Shau Kee School of Business and Administration at the Open University of Hong Kong (OUHK). He holds a PhD from the Law School of Strathclyde University in the United Kingdom. His current research interests focus on Chinese business law, international economic law and regulatory regimes. He was responsible for architecting the key frameworks and principal themes of the OUHK's innovative, business-oriented e-learning programme Master of Laws in Chinese Business Law.

Dr Zhang previously held a number of positions with multinational and Chinese conglomerates, and has both international and China business experience. Examples of his many published papers in law journals include 'Contemplating privatisation of China's rural land ownership' in Amicus Curiae (Journal of the Society for Advanced Legal Studies); 'Eliminating privileges enjoyed by foreign investors in China: Rationality and ramifications under a unified tax code' in Deakin Law Review (Deakin University); 'Intended model and consequences of launching domestic projects with overseas loans: Reflections on Chinese legal perspectives of project finance' in Journal of International Commercial Law (Ashgate); 'Arena of real estate investment in China: Game rules for foreign investors' in International Trade and Business Law Annual (Cavendish); and 'More involvement in real business: Assessing China's FIE holding companies' in Journal of Business Law (Sweet & Maxwell).