Socialist Rule of Law in the 21th Century China

The 18th Congress of Chinese Communist Party in 2012 and two important decisions adopted subsequently in the 3rd and 4th Plenum in 2013 and 2014 respectively, opened new prospects for China’s reform generally and the legal reform specifically. In commenting on Randall Peerenboom’s article, ‘Fly High the Banner of Socialist Rule of Law with Chinese Characteristics! What Does the 4th Plenum Decision Mean for Legal Reforms in China?’, this commentary paper discusses the timing of the Decision adopted at the 4th Plenum and the reason why it was devoted to the issue of rule of law, the main features of the Decision, the general principles of the reform agenda, the significance as well as implications of the Decision for China’s legal reform, and the prospect of developing socialist rule of law with Chinese characteristics in the 21th century China

Securities Dispute Resolution in China

Securities Dispute Resolution in China is a comprehensive and detailed study of the increasingly important issue of how cases involving securities are dealt with by Chinese courts, commissions and other administrative authorities and by arbitration and mediation in the PRC. The work identifies the nature and types of securities disputes and the various procedures, including alternative dispute resolution, used to address them. This timely, groundbreaking book is particularly relevant at a time of growing foreign investment in China's securities market. The volume will be an invaluable resource for researchers and practitioners in developed as well as emerging markets

Securities Regulation in China

In the 1990s the world witnessed the collapse of communism in the former Soviet Union and Eastern Europe, economic reforms in India, Southeast Asia, and Latin America, and liberalization and deregulation in many developing countries. The past two decades have been an era of worldwide reform and change. China's economic reform process, which started in the late 1970s, is part of this worldwide reform and change. An entirely new securities market has emerged in China, and it has become one of the most important securities markets in the developing countries. A securities regulatory framework has been established in China to oversee the market and to protect investors. This thesis addresses the principal regulatory issues which have arisen in course of developing China's law of securities regulation. Following Chapter I, which provides a general background to China's emerging securities regulatory framework, Chapter II and Chapter III examine the scope of regulation and the institutional structure respectively. Chapters IV and V look at basic regulatory frameworks for public offerings of securities and the secondary trading market. Chapter VI considers the basic regulatory framework for foreign participation in China's securities market. Chapter VII and Chapter VIII examine two facets of China's securities regulatory regime: internationalization and the adoption of foreign securities laws on the one hand, and maintaining socialist characteristics on the other. These two facets reflect generally the uncertainty which China is facing in its transformation from a socialist society to an economically and ideologically mixed society. Chapter IX examines certain issues from the point of view of investor protection. The concluding chapter summarises the arguments presented in previous chapters and offers some reflections on the development of China's securities regulation in an era of change. Following the concluding chapter a brief account is given of the 1998 Securities Law of the People's Republic of China. The main findings of this study and the significance of these findings can be summarised as follows. The development of the law of securities regulation in China in the past years shows that China can not transcend the limitations of its past as a socialist country and as a socialist legal system in its effort to build a securities market and a corresponding system of securities law. It inevitably has distinctive Chinese own characteristics, although there are common characteristics shared with the securities legislation of other countries. The future development of this area of law in China could be slow or could be rapid, and its direction could differ, depending directly upon China's overall economic reforms and indirectly upon China's political and social reforms

Modernizing Chinese Law: The Protection of Private Property in China

Over the past three decades a progressive transformation of the law and legal institutions in China took place as part and parcel of China’s broader modernization process driven by economic reform and development. The recognition and protection of private property as embodied in the amendment of the 1982 Constitution, the 2007 Property Law and other legislations, is one of the stories contributing to the transformation of modern Chinese law and legal institutions, which relects a historical modernization process of socio-economic change in contemporary China. However, this study by examining the development of a legal framework for the protection of private property, the problems related to urban housing demolition, and the rule of law in relation to the protection of private property, submits that the legal modernization in the protection of private property had no radical departure from, but conined within and compromised with, China’s current existing systems which, among others, still uphold socialist ideology and practice