中国经济发展中法律与法律机构的作用 1978-1995PDF|Epub|txt|kindle电子书版本网盘下载

中国经济发展中法律与法律机构的作用 1978-1995PDF格式电子书版下载

注意：本站所有压缩包均有解压码： 点击下载压缩包解压工具

PART Ⅰ OVERVIEW:PATTERNS OF CHANGE IN CHINA'S LEGAL SYSTEM AND SOCIO-ECONOMY1

Table of Contents1

1．The Legal System of China as of 1960:Background1

Types of Legal System1

Typology of Substantive Economic Laws8

Legal Institutions and Process11

Legal Profession19

Sources of Law21

Public Attitude Towards the Legal System22

2．The Major Changes in China's Legal System 1978—199522

Types of Legal System24

The Major Substantive Laws Affecting the Economy25

A Quantitative Assessment for the General Patterns Between the Enactment of Laws and That of Policies32

Legal Institutions and Process33

Legal Profession43

Sources of Law47

Public Attitude Towards the Legal System48

3．Chinese Economy in 1960,1978 and its Growth to 199550

Economic Situation Under the Central Planning System,1960—197851

Reform,Opening,and Growth During 1978—199559

4．The Relation of Changes in China's Legal System to Economic Development82

PART Ⅱ BUSINESS GOVERNANCE AND CAPITAL FORMATION88

1．The Relative Size of the Private Corporate Sector as Compared to the Un-incorporated(formal and informal)Private Sector and the State Enterprise Sector Correlates Positively with the Size and Complexity of the Economy88

2．The Degree of Capital Formation in the Corporate Sector Changes in Relation to Changes in the Cost of Using the Corporate Form95

3．The Relative Size of the State Enterprise Sector is Independent of the Availability of the Corporate Form,and the Number of Incorporated State Enterprises does not Correlate with Legal Changes that Lower the Cost of Establishing and Using the Corporate Form114

4．The Liberalization of the Legal Framework for Raising Equity Finance Correlates Positively with Higher Growth Rates of the Corporate Sector117

5．The Corporate Sector,Which is Organized as Joint Stock Companies Relative to Other Private Companies,Positively Correlates with the Degree of Shareholder Protection Offered by Law131

6．The Growth of the Formal Private Sector Correlates Positively with the Deregulation of Real-estate Markets135

PART Ⅲ THE RELATION BETWEEN CREDIT AND LAWS GOVERNING SECURITY INTEREST135

1．The Level of Lending by Financial Intermediaries to Borrowers in the Private Sector Correlates Positively with the Availability of Security Interests Provided by Law149

Security Law149

Laws and Regulations Pertaining to Personal Guarantee149

Acquisition of a Guarantee150

Realization of Guarantee151

Mortgage153

Acquisition of Mortgage155

Mortgage Registration Organizations157

Pledging158

Acquisition of a Pledge159

2．Difficulties in Enforcing Security Interest Correlates Inversely with the Volume of Private Lending to the Private Sector160

Enterprise Bankruptcy160

Cost of the Availability of Security Interests Provided by Law162

Evolution of the Legal System on the Implementation of Security Rights and its Present Situation164

Creditor's Right for Applying for Bankruptcy166

3．Lending Institutions with a Relatively High Proportion of Unsecured Loans,Perhaps due to High Relational Lending or State Mandated Lending,are more likely to Incur Serious Loan Losses than Banks with a High Proportion of Secured Lending167

Shortage of Legal Regulations167

Conflict Within Laws168

Problems of Law Enforcement169

Administrative Interference170

Other Factors for Holding up the Circulation of Financial Credit Funds172

PART Ⅳ THE SETTLING OF COMMERCIAL AND ADMINISTRATIVE DISPUTES174

1．The Growing Division of Labor in Society will Enhance the Role of Formal Dispute Settlement Institutions with the Power to Enforce Commercial Disputes Among Previously Unrelated Parties174

The Changes in the Division of Labor in China from 1978 to 1995174

The Establishment and Tasks of Economic Judicial Organizations181

Quantity and Types of Cases182

Foreign Related and Taiwan,Macao and Hong Kong Related Economic Disputes187

Establishment and Tasks for Tribunals of Trans-portation and Maritime Affairs190

Establishment and Development of Economic and Trade Arbitration Boards192

Types of Filed Cases195

Seeking Professional Advice196

Enforcement of Arbitration Rulings196

Maritime Arbitration196

Restructuring of Arbitration Commission197

Mediations Institutions199

2．With Economic Development,the Number of Legal Disputes over Tangible and Intangible Property Rights has Increased199

Real Estate199

Intellectual Property Rights(IPR)201

3．Economic Development Correlates Positively with the Creation of Institutions or Procedures that Allow Private Parties Recourse to Independent Arbitrators Against Actions by the State that Affect the Legal Rights206

Scope and Procedures of Administrative Litigation210

Review Procedures214

Judicial Review215

Scope and Procedures for Arbitration Institutions216

Legal Status of the Administrative Judges216

Legal Requirements for Arbitrator217