From administrative authorisation to private law : a comparative perspective of the developing civil law in the People's Republic of China / by Jianfu Chen.
1995
Ch.P 300 C42 1995 (Map It)
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Details
Author
Title
From administrative authorisation to private law : a comparative perspective of the developing civil law in the People's Republic of China / by Jianfu Chen.
Published
Dordrecht ; Boston : M. Nijhoff, [1995]
Distributed
Norwell, MA, U.S.A. : Sold and distributed in the U.S.A. and Canada by Kluwer Academic Publishers
Copyright
©1995
Call Number
Ch.P 300 C42 1995
ISBN
0792332008 (hard : acid-free paper)
Description
xxviii, 324 pages ; 25 cm
System Control No.
(OCoLC)31409682
Note
Based on the author's thesis (Ph.D.--University of Sydney)
Bibliography, etc. Note
Includes bibliographical references (pages [289]-315) and index.
Record Appears in
Table of Contents
Preface
Acknowledgements
Abbreviations
Table of Major Civil Codes
Table of Major Statutes, Regulations and Documents
Introduction
1The Nature of Civil Law and Its Development in the PRC
1
2The Structure of the Present Study
3
Ch. 1
Historical Background: The Development of Civil Law in China Before 1949
2Civil Law in Traditional China
7
3The First Attempt to Make a Civil Code in China
9
4Reform of Law under the Kuomintang Government
14
5
Concluding Remarks: The Significance of the Late Qing and the KMT Legal Reforms
30
Ch. 2
The Development of Civil Law and Changing Conceptions of Civil Law in the PRC
2The Abolition of the KMT Legal System and KMT Codes
33
3Three Attempts to Make a Civil Code in the PRC
35
4Conceptions of Civil Law in the PRC in the Eighties: Initial Academic Discussions and Debates
50
5
Concluding Remarks: Problems Underlying Theories and Practice
66
Ch. 3
Economic Reform, Administrative Authorisation and Legal Personality of Economic Entities
2The Problem of Terminology
71
3A Brief Historical Account of the Development of the Concept of Legal Person in China
72
4Evolution of Economic Reform Policies
75
5Legal Responses to Economic Reform Policies
87
6
Concluding Remarks: Utilitarianism in Action
92
Ch. 4
Legal Persons in Chinese Civil Law and Jurisprudence
2Definition of Legal Person and Requirements for Being a Legal Person Under Chinese Civil Law
94
3Classification of Chinese Legal Persons
96
4Requirements of Being a Chinese Legal Person
98
5The Nature of Legal Personality
103
6
Concluding Remarks: A First Step Towards Legal Formalism
107
Ch. 5
Between the Old and the New: Equality Among Unequals and the Battle Fronts of Civil Law Development in the PRC
2Differentiated Structure for Business Entities
111
3Ambiguous Legal Status of Many Economic Entities
113
4Inequalities Among Economic Entities
121
5Independent Property for SOEs as Legal Persons
123
6
Concluding Remarks: Fundamental Obstacles to Civil Law Development in the PRC
132
Ch. 6
Changing Conceptions of Property Rights in the PRC in a Comparative Perspective
2The Civil Law System of Property Rights
137
3The Common Law System of Property Law
141
4The Socialist System of Property Rights
144
5The Chinese Conception of Property Rights
150
6
Concluding Remarks: An Elementary System with Mixed Influences
159
Ch. 7
Chinese Theories on the Right of Operation: The Search for a Socialist Solution
2Chinese Theories in Detail
162
3Legal Theories and Legal Developments
188
4
Concluding Remarks: Towards a Consensus among Scholars
194
Ch. 8
Securitisation: A Capitalist Tool for a Socialist Solution?
2Experimenting with Securitisation in the PRC
198
3The Early Proposal of the World Bank
204
4The Ideological and Politico-Economic Debate
207
5The Legal Debate
212
6Difficulties in Using Capitalism for Socialism
220
7Towards a 'Social Ownership' Theory?
224
8Towards a Second 'Separation of Two Rights'
230
9
Concluding Remarks: Securitisation Is Only a Partial Solution
234
Ch. 9
Enterprise Grouping: An Indirect Solution to a Fundamental Problem?
2Enterprise Groups in a Comparative Perspective
237
3Challenges to Chinese Civil Law Science in the Development of Joint Operations and Enterprise Groups
252
4
Concluding Remarks: Towards the Core of the Problems Impeding the Development of Civil Law in China
269
Conclusion and Future Prospects
1Chinese Civil Law at the Crossroads
273
2The Future: A Civil Code for a Socialist Market Economy?
280
Selected Bibliography - Materials in English
289
Selected Bibliography - Materials in Chinese
299
Index
316