Economic Analysis of Law in China - Hardcover

Hardcover

ISBN 10: 1847200362 ISBN 13: 9781847200365

Publisher: Edward Elgar Publishing, 2007

Synopsis

China's financial success in recent years has come in part from careful study and application of elements of law and economics, but this is the first collection of significant and specific discussions on the topic by European and Chinese experts. The collection begins with analyses of basic features of the Chinese economic system, which compares Chines and European federalism from the perspectives of laws and economics, a study of the evolving effort toward efficient taxation in China, and a paper on legal pluralism in the governance of a transitional China. Papers on specific aspects of the Chinese legal system from an economic viewpoint cover competition policy and the draft of the Chinese competition law, theories of professional regulation, regulatory arrangements and incentives for opportunistic behavior, special treatment firms, monitoring fiduciary duties, and stable self-enforcement and distribution of property rights. Papers address intellectual property law and compensation for oil pollution damage. Annotation ©2008 Book News, Inc., Portland, OR (booknews.com)

About this title

About the Author:

Edited by Thomas Eger, Professor of Law and Economics, University of Hamburg, Germany, Michael Faure, Professor of Comparative and International Environmental Law, University of Maastricht, The Netherlands and Zhang Naigen, Professor of Law, Fudan University Shanghai, China

Review:

`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.' -- The China Journal `This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development - provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations.' -- Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US `This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars - both Western and Chinese - it should serve as a valuable reference work for years to come.' -- Steven Shavell, Harvard Law School, US `This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe.' -- Hans-Bernd Schaefer, Universitat Hamburg, Germany `In China everything is different, you cannot apply ordinary economics and the legal framework is idiosyncratic. In the course of time, such statements turned out to be prejudices, and the Eger/ Faure/ Zhang volume makes perfectly clear that, for instance, a law and economics approach can shed new light into the intricacies and complexities of Chinese institutional arrangements. Indeed, China creates new puzzles for economic and legal analysis. On the other hand, however, the Chinese need not invent the wheel anew - and they do not try it. The book shows instances where a sophisticated law and economics approach can help to develop the legal framework which is appropriate for the transition from a planned into a market economy. The Chinese economic system is not (yet) a normal capitalist market economy, neither is the legal system adapted to a normal private property economy. Nevertheless the chapters of the book apply fruitfully law and economics theories and thus prove their general applicability. One of the outstanding achievements of the volume can be seen in the fact that it recruited more than half of its contributors with a Chinese background. They learn eagerly western approaches and they learn fast. And, of course, they have no problems with understanding Chinese culture and society. So the book combines most profitably the look from the outside and the look from within with a common theoretical framework.' -- Hans-Jurgen Wagener, Europa Universitat Viadrina, Germany

About this edition

• Publisher: Edward Elgar Publishing
• Publication date: 2007
• ISBN 10: 1847200362
• ISBN 13: 9781847200365
• Binding: Hardcover
• Number of pages: 352
• Editor: Eger Thomas, Faure Michael, Naigen Zhang