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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.
Edited by Thomas Eger, Professor Emeritus of Law and Economics, University of Hamburg, Germany, Michael Faure, Professor, Maastricht University and Erasmus School of Law, the Netherlands and Chairman of the Flemish High Council of Environmental Enforcement (VHRM), Brussels, Belgium and Zhang Naigen, Professor of Law, Fudan University Shanghai, China
Contents:Preface PART I: BASIC FEATURES OF THE CHINESE ECONOMIC SYSTEM1. A Comparison of Chinese and European-Style Federalism from a Law and Economics PerspectiveThomas Eger and Margot Schüller 2. The Road to Efficient Taxation in ChinaPierre Garello3. Legal Pluralism in the Governance of Transitional ChinaJianwei Zhang and Yijia JingPART II: SPECIFIC ASPECTS OF THE CHINESE LEGAL SYSTEM FROM AN ECONOMIC PERSPECTIVE4. The Economics of Competition Policy and the Draft of the Chinese Competition LawRoger Van den Bergh5. The Law and Economics of Professional Regulation: What Does the Theory Teach China?Niels J. Philipsen6. Regulatory Arrangements and Incentives for Opportunistic BehaviourAnthony I. Ogus7. Special Treatment (ST) Firms and Administrative Governance of Capital Markets in ChinaJulan Du, Lucy Liu Yajun and Sonia M.L. Wong8. Monitoring Problems versus Fiduciary Duties in Chinese Stock Companies: An Economic and Comparative Analysis on Corporate GovernanceQing-Yun Jiang9. The Stable Self-Enforcement and Distribution of Property Right: The Right to Virtual Property in MMORPGJian Wei and Shanguo XuePART III: CHINA IN THE WORLD ECONOMY10. Intellectual Property Law and Policy and Economic Development with Special Reference to ChinaAnselm Kamperman Sanders11. Economic Analysis of Compensation for Oil Pollution Damage in ChinaMichael Faure and Wang HuiPART IV: CONCLUDING REMARKS 12. ConclusionsThomas Eger, Michael Faure and Zhang NaigenIndex
'This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context.'