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Articles 1 - 12 of 12
Full-Text Articles in Law
Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, Sang Yop Kang
Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, Sang Yop Kang
Sang Yop Kang
Professor Mark Roe explained that the shareholder wealth maximization norm (“the norm”) is not fit for a country with a (quasi) monopoly, because the norm encourages managers to maximize monopoly rents, to the detriment of the national economy. This Article provides new findings and counter-intuitive arguments as to the tension created by the norm and (quasi) monopoly by exploring three key corporate governance concepts that Roe did not examine—(1) “controlling minority structure” (CMS), where dominant shareholders hold a fractional ownership in their controlled-corporations, (2) “tunneling” (i.e., illicit transfer of corporate wealth to controlling shareholders), and (3) Chinese state-owned enterprises (SOEs). …
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
Rick Beaumont
No abstract provided.
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
Rick Beaumont
No abstract provided.
The Proposed Inheritance Tax And Its Impact On China's Economy, Michael Steve
The Proposed Inheritance Tax And Its Impact On China's Economy, Michael Steve
Michael Steve
No abstract provided.
Anti-Corruption Commissions In China:Panacea Or Cure-All Medicine To Fight Corruption, Chan Louis
Anti-Corruption Commissions In China:Panacea Or Cure-All Medicine To Fight Corruption, Chan Louis
Chan Louis
With the rapidly economic development and the overall social transformation, corruption has becoming a more prominent threat to China's long-term development. The CPC and Chinese government, while severely cracking down corruption, has proposed a series of strategic thinking to fundamentally solve the problem of corruption. The sharp weapons against corruption in China are generally two institutions, which are Commission for Discipline Inspection responsible for the inspection within the party and the People's Procuratorate, one of key functions of which is prevention and punishment of corruption. A popular saying among Chinese government officials goes: “Fear not the heavens or the earth, …
Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin
Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin
Tom Ginsburg
Abstract: It is conventional wisdom that China’s Constitution is unenforceable, and plays little role in China’s legal system, other than as a symbolic document. This view rests on the fact that the Supreme Court has no power to interpret the Constitution. The formal body with interpretive power, the Standing Committee of the National People’s Congress, has never issued an official interpretation. Despite this apparent lack of enforcement, we argue that China’s Constitution indeed plays an increasingly important role within the party-state. It does through not through the courts but through the legislative process, in which formal requirements of constitutional review …
Understanding China’S Need To Focus On Its Renewable Energy Expansion Programme And The Relationship To Its Climate Change Policy, Patricia J. Blazey Ms
Understanding China’S Need To Focus On Its Renewable Energy Expansion Programme And The Relationship To Its Climate Change Policy, Patricia J. Blazey Ms
patricia j blazey Ms
China is concerned with the need to increased energy production due to ongoing industrial development and an expanding middle class. The government in its 12th Five Year Plan is focusing on moving to an era of clean energy and advanced energy efficient technology not primarily to address climate change but rather to ensure that its vast energy requirements are procured from other sources rather than continuing to rely on finite sources of energy such as coal, oil and gas.
Get Busy Living Or Get Busy Dying: Waiting For The Death Penalty, A Comparison Of The Appeals Process In The United States And The People’S Republic Of China, Derrick Yan Kit Wong
Get Busy Living Or Get Busy Dying: Waiting For The Death Penalty, A Comparison Of The Appeals Process In The United States And The People’S Republic Of China, Derrick Yan Kit Wong
Derrick Wong
This paper looks at the death penalty in the United States and China with a comparison of the judicial system in each country. The paper examines the speed at which China processes their death penalty cases and the delay in the US system. The purpose of the paper is to show that because of the delays in the US system, the financial burden to the taxpayer is increased and is not viewed as deterrence. If the US were to adopt a portion of the Chinese judicial system efficiency without sacrificing due process, then the death penalty can be a deterrent …
Consumer Finance And Financial Repression In China, Evan B. Oxhorn
Consumer Finance And Financial Repression In China, Evan B. Oxhorn
Evan B Oxhorn
China is rapidly becoming the world’s largest consumer market. As the number of middle-class Chinese consumers has grown, so too has the size of China’s consumer finance system. To date, there has been little scholarship on consumer finance in China. This short Article takes a first step at filling this gap in the literature. It argues that China’s consumer finance system is fundamentally a tool of the state, which uses “financial repression” of Chinese consumers to acquire capital through shadow taxation. This political-legal system allows reallocation of consumers’ capital for political purposes and underwrites China’s rapid growth. But cheap consumer …
Consumer Finance And Financial Repression In China, Evan B. Oxhorn
Consumer Finance And Financial Repression In China, Evan B. Oxhorn
Evan B Oxhorn
China is rapidly becoming the world’s largest consumer market. As the number of middle-class Chinese consumers has grown, so too has the size of China’s consumer finance system. To date, there has been little scholarship on consumer finance in China. This short Article takes a first step at filling this gap in the literature. It argues that China’s consumer finance system is fundamentally a tool of the state, which uses “financial repression” of Chinese consumers to acquire capital through shadow taxation. This political-legal system allows reallocation of consumers’ capital for political purposes and underwrites China’s rapid growth. But cheap consumer …
Exploring The Role Of Legitimacy And Identity In Framing Responses To Global Reforms In Socialist Transforming Asia, John S. Gillespie
Exploring The Role Of Legitimacy And Identity In Framing Responses To Global Reforms In Socialist Transforming Asia, John S. Gillespie
John S Gillespie
Exploring the Role of Legitimacy and Identity in Framing Responses to Global Legal Reforms in Socialist Transforming Asia John Gillespie Abstract A bourgeoning literature about socialist transforming Asia (China and Vietnam) shows that economic development is possible without fully functioning legal systems based on laws and institutions derived from North America and Europe. What is less clear is whether over time the regulatory systems in these countries will evolve toward more economically efficient globalized forms of Western governance, as some commentators suggest, or follow a more complex pattern of convergence and divergence. This article advances the debate by investigating the …
How Securities Regulation Really Works: A Comparative Study Of The Regulatory, Principled, And Normative Reputational Approaches To Securities Regulation, Amy Aiq
Amy Wall
This paper compares international securities regulation through the lens of a structural and historical analysis. The regulatory, principled and normative reputational models of securities regulation as exemplified by the U.S., U.K. and China are discussed. A discussion of the foundations of securities markets lays the groundwork for understanding different underlying purposes of securities regulation. The paper follows the development of securities markets from the roots of the 17th century European trading companies, through the statist polices that created the bond markets, to the transatlantic crossing and the development of the investment banking system and creation of governmental agencies enforcing securities …