This article discusses the extent to which rule of law principles have been embraced within the language, principles and practice of China’s Company Law. The paper discusses different understandings of the rule of law that are to be found in the wider literature. Whilst China has affirmed the...

China's rapid growth in the absence of autonomous legal institutions of the kind found in the west appears to pose a problem for theories which stress the importance of law for economic development. In this article we draw on interviews with lawyers, entrepreneurs and financial market actors to...

In light of the recent global financial crisis of 2008, this article critically compares how China's national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis,...

This paper presents the results of a comprehensive empirical study on China's derivative suits as introduced in the 2005 Company Law reform that provides insight into the way Chinese courts have interpreted and applied this remedy. It is found that the statutory regime appears to have had a...

Chinese Abstract:...

China has achieved remarkable success in building the necessary institutions for a functional legal system. However, it seems that the Chinese government is more willing to nurture rule of law in some areas, while still striving to maintain excessive administrative discretion - namely rule of...

Empirical evidence shows that takeovers are value-maximizing events for target firm shareholders and enhance social efficiency. Takeovers are commonly thought to play a key role in reducing managerial slack in corporate governance through the replacement of inefficient management. Additionally,...

There is a large body of law and finance literature suggesting that strong legal protection for investors is the key to a nation’s healthy stock market development and economic growth. Despite remarkable progress in setting up its securities market, China has often been criticized for its...

Using a dataset of Chinese judicial opinions arising in over fifty cases, this paper analyses the development and current implementation of shareholder derivative actions in the courts of the People's Republic of China (“PRC”), both before and after the derivative lawsuit was explicitly...

China’s geopolitical ambitions give rise to risks that government agencies and the businesses they regulate need to address. In particular, Military-Civil Fusion (MCF), a whole-of-government legal and administrative machinery created by the Chinese Communist Party (CCP), aims to give China’s...