Full Description
This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China's legal and economic system, and some recent problems, from this particular viewpoint.The authors apply an economic analysis of law not only to general characteristics of China's social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of developed countries can be applied to a country like China as well. The European scholars use law and economics in order to determine what China could learn from the European experience. The Chinese scholars discuss whether law and economics can be of any use in analysing the particular features of the Chinese legal system today.
Economic Analysis of Law in China will appeal to lawyers, economists and social scientists in China interested in developing legal institutions with an eye on economic efficiency. Scholars generally interested in the economic analysis of law, as well as in the comparison and transition of economic systems, will also find much in this book that will be of interest to them.
Contents
Contents:
Preface
PART I: BASIC FEATURES OF THE CHINESE ECONOMIC SYSTEM
1. A Comparison of Chinese and European-Style Federalism from a Law and Economics Perspective
Thomas Eger and Margot Schüller
2. The Road to Efficient Taxation in China
Pierre Garello
3. Legal Pluralism in the Governance of Transitional China
Jianwei Zhang and Yijia Jing
PART II: SPECIFIC ASPECTS OF THE CHINESE LEGAL SYSTEM FROM AN ECONOMIC PERSPECTIVE
4. The Economics of Competition Policy and the Draft of the Chinese
Competition Law
Roger Van den Bergh
5. The Law and Economics of Professional Regulation: What Does the Theory Teach China?
Niels J. Philipsen
6. Regulatory Arrangements and Incentives for Opportunistic Behaviour
Anthony I. Ogus
7. Special Treatment (ST) Firms and Administrative Governance of Capital Markets in China
Julan Du, Lucy Liu Yajun and Sonia M.L. Wong
8. Monitoring Problems versus Fiduciary Duties in Chinese Stock Companies: An Economic and Comparative Analysis on Corporate Governance
Qing-Yun Jiang
9. The Stable Self-Enforcement and Distribution of Property Right: The Right to Virtual Property in MMORPG
Jian Wei and Shanguo Xue
PART III: CHINA IN THE WORLD ECONOMY
10. Intellectual Property Law and Policy and Economic Development with Special Reference to China
Anselm Kamperman Sanders
11. Economic Analysis of Compensation for Oil Pollution Damage in China
Michael Faure and Wang Hui
PART IV: CONCLUDING REMARKS
12. Conclusions
Thomas Eger, Michael Faure and Zhang Naigen
Index
