The Development of the Chinese Legal System Change and Challenges

In recent years the Chinese legal system has undergone many reforms and this book brings the literature up to date, offering a contemporary account of the law and administration in China.

This book is the result of collective efforts in analysing the political, economic and social factors which affect the development of Chinese law. The volume contains contributions from a number of experts and scholars of Chinese law who examine some of the most important areas of Chinese law. The book covers constitutional law, criminal law, property law, mortgage law, intellectual property law, corporate law, securities regulation, banking regulation, civil procedural law, arbitration law, environmental law, and the regulation of telecommunications services.

Whilst the book addresses a number of diverse legal areas all the contributions look to explain the factors which led to the development of the law and the consequences of such developments, as well as the progress made by developing legal institutions and the possible obstacles to future development.

Introduction, Guanghua YuPart 1: Public Law 1. Constitutional Judicialisation and Popular Constitutionalism in China: Are We Ready Yet?, Jianfu Chen 2. Institutionalizing Criminal Process in China, Hualing FuPart 2: Civil Law 3. Public Regulation of Private Relations: Changing Conditions of Property Regulation in China, Pitman B. Potter 4. The Law of Property and the Evolving System of Property Rights in China, Albert H.Y. Chen 5. The Role of Mortgages: A Case for Formal Law, Guanghua Yu 6. Transplantation and Transformation: 30-Year Development of China’s IP System, Yahong LiPart 3: Corporate Law 7. Who Writes Corporate Law Rules? The Making of the Piercing the Corporate Veil Rule as a Case Study, Chao Xi 8. Looking at Corporate Governance in China’s Large Companies: Is the Glass Half Full or Half Empty?, Roman TomasicPart 4: The Regulation Of Banking And The Stock Market 9. China’s Banking Reforms at the Time of Global Economic Recession, Yuwa Wei 10. The Political Logic of Securities Regulation in China, Jiangyu WangPart 5: Procedural Law 11. Civil Justice Reform with Political Agendas, Xianchu Zhang 12. China’s Arbitration: Restricted Reform, Weixia GuPart 6: Law And Regulation With International Implications 13. Environmental Law and Policy in China: Responding to Climate Change, Jolene Lin 14. WTO and Developing Countries: The Case for Liberalization of Telecommunications Services in China, Yun Zhao

Guanghua Yu is an Associate Professor in the Faculty of Law, University of Hong Kong.