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Comparative and Foreign Law

Selected Works

2007

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Legal Deterrence: The Foundation Of Corporate Governance—Evidence From China, Zhong Zhang Dr Jan 2007

Legal Deterrence: The Foundation Of Corporate Governance—Evidence From China, Zhong Zhang Dr

Zhong Zhang Dr

To evaluate the Chinese government’s recent market-orientated efforts to promote good corporate governance, this paper conducts a re-examination of the working mechanics for market competition and other market-based governance mechanisms to ensure good corporate governance. The finding is that the utility of market mechanisms may have been overstated. Not only are they not effective in disciplining serious one-off managerial misbehaviour which offers managers more gains than losses, even their limited value to discourage such misbehaviour as managerial shirking is also conditioned upon a successful curb on one-off misbehaviour. On the contrary, the importance of deterrence from legal liability may have …