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Bargaining For Compensation In The Shadow Of Regulatory Giving: The Case Of Split Share Structure Reform In China, Wallace Wen-Yeu Wang, Jianlin Chen

Jianlin Chen

This article is about the legal and economic analysis of the Chinese split share structure reform. Under the legal analysis, we show that traditional approaches in private and public law fail to provide a valid legal basis for requiring non-tradable shareholders to compensate tradable shareholders for the right to trade. Even the more developed US regulatory takings jurisprudence would not provide the tradable shareholders with a right to compensation for the loss they suffered from the trading of non-tradable shares. This is where we turn to the new givings jurisprudence recently developed in the US. Mirroring takings jurisprudence that focuses …