Law and Investment in China The Legal and Business Environments after China s WTO Accession 1st Edition by Vai Io Lo ISBN 0415324793 9780415324793

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ISBN 10: 0415324793 
ISBN 13: 9780415324793
Author: Vai Io Lo

 Law and Investment in China The Legal and Business Environments after China s WTO Accession 1st Table of contents:

1 An overview of the Chinese legal system
1 The Chinese legal system from 1949–78
2 Economic and legal reforms in the late 1970s and early 1980s
3 Constitution and state structure
The 1982 Constitution
The overall state structure
The National People’s Congress
The State Council
The Supreme People’s Procuratorate
4 Legislation
Types of legal norms and lawmaking entities
Hierarchy of legal norms
Inconsistencies between legal norms
Interpretation of legal norms
5 The judicial system
Levels of court
Jurisdiction
Judges
Judicial independence
Judicial reform
6 The legal profession
Lawyers
Foreign law firms
Challenges facing the legal profession
Further reading
Notes
2 Business organizations
1 A state-owned enterprise, a collectively owned enterprise, a stock cooperative enterprise, and a jointly operated enterprise
2 A sole proprietorship
Formation
Rights and liabilities
Dissolution and liquidation
3 A partnership
Formation
A partnership agreement
Rights and liabilities
Admission and withdrawal
Dissolution and liquidation
4 A limited liability company and a company limited by shares
Requirements
Articles of association
Registration procedure
Corporate governance
Shareholders
Board of directors
Board of supervisors
Managers
Fiduciary duties
Financial affairs
Merger and division
Dissolution and liquidation
5 Selected cases
Zhang Zhongshan v. Yan Guoping (2000) 民终字第8号, Supreme People’s Court, 24 July 2000
Facts
Reasoning
Judgment
Zhuo Xiaoqin v. Li Xianli and Wang Li (2000) 一中经终字第1663号, Beijing City No. 1 Intermediate People’s Court, 26 September 2000
Facts
Reasoning
Judgment
Further reading
Notes
3 Foreign investment enterprises
1 Representative office of a foreign enterprise
2 Branch of a foreign company
3 Equity joint ventures
Requirements
Rights and liabilities
Application procedure
Corporate governance
Dissolution
4 Cooperative joint ventures
Requirements
Rights and liabilities
Application procedure
Corporate governance
Dissolution
5 Wholly foreign-owned enterprises
Requirements
Rights and liabilities
Application procedure
Dissolution
6 Foreign companies limited by shares
7 A comparison of an equity joint venture, a cooperative joint venture, a wholly foreign-owned enterprise, and a foreign company limited by shares
8 Merger, division, and conversion of foreign investment enterprises
Merger and division
Conversion
9 Liquidation of foreign investment enterprises
10 Investment catalogs
11 Foreign investment from 1979 to 2002
12 Selected cases
Hong Kong Huizhan Ltd. v. Head Office of Tianjin City Light Industrial Co. (2001) 民四提字第5号, Supreme People’s Court, 17 January 2002
Facts
Reasoning
Ruling
Hong Kong Xinmei Lianhe Water Cleaning Factory Ltd. v. Nanjing City Jiangning District Dongshanqiao Township People’s Government (2002) 苏民三终字第060号, Jiangsu Province High People’s Court, 5 December 2002
Facts
Reasoning
Judgment
Further reading
Notes
4 Contracts
1 General principles of the Contract Law
Offer and acceptance
Subject matter
Capacity
Formalities
Collateral conditions
Performance
Modification, assignment, and delegation
Rescission and termination
Liabilities for breach
Interpretation
Governing law
Online contracting
2 Specific contracts
Sale contracts
Lease contracts
Work contracts
Technology contracts
Technology development contracts
Technology transfer contracts
Contracts for technical consultation and service
3 Selected cases
Shanghai Pepsi Cola Beverages Ltd. v. Xian City Jianfeng Trading Co. (2000) 沪一中经终字第896号, Shanghai City No. 1 Intermediate People’s Court, 13 September 2000
Facts
Reasoning
Judgment
Urumqi Taikang Food Industry Ltd. v. Beijing Xinsheng Science and Technology Development Co. (2000) 朝知初字第41号, Beijing City Zhaoyang District People’s Court, 10 June 2000
Facts
Reasoning
Judgment
Further reading
Notes
5 Intellectual property
1 Overview
2 Patents
Requirements
Application procedure
Patent rights
Invalidation
Infringement and remedies
Compulsory licensing
3 Trademarks
Requirements
Registration procedure
Opposition
Revocation
Renewal, assignment, and licensing
Infringement and remedies
4 Copyright
Copyrightable subject matter
Ownership of copyright
Types of rights
Limitations on rights
Licensing and assignment
Infringement and remedies
Computer software
5 Trade secrets
6 Selected cases
Xu Ximing v. Shenzhen City Longgangqu Bujizhen Gangtou Telulian Zippers Factory and Hong Kong Telu Trading Co. (2002) 深中法知彦初字第111号, Guangdong Province Shenzhen City Intermediate People’s Court, 12 March 2003
Facts
Reasoning
Judgment
Guangdong Province Light Industrial Products Import-Export (Group) Co. v. Hong Kong TMT Trading Ltd. (1998) 知终字第8号, Supreme People’s Court, 15 May 2000
Facts
Reasoning
Judgment
Twentieth Century Fox Film Corp. v. Beijing Xianke Laser Market (1996) 一中知初字第62号, Beijing City No. 1 Intermediate People’s Court, 26 November 1996
Facts
Reasoning
Further reading
Notes
6 Labor and employment
1 During the 1980s and early 1990s
Overview
Problems
2 Since 1994
Recruitment
Labor contract
Remuneration
Social security and welfare benefits
Maximum hours and overtime work
Union representation
Occupational safety
Dispute resolution
Termination
Severance pay
Foreign experts
Foreign workers
Employee inventions
Works for hire
3 Selected cases
Bao Zhenmin v. Thomson Golf (Shanghai) Ltd. (1999) -中民终字第3934号, Shanghai City No. 1 Intermediate People’s Court, 28 December 1999
Facts
Reasoning
Judgment
Beijing Wannianqing Diary Products Ltd. v. Lu Surui (2001) -中民终字第3934号, Beijing City No. 1 Intermediate People’s Court, 21 November 2001
Facts
Reasoning
Judgment
Further reading
Notes
7 Consumer protection
1 Product liability
The Product Quality Law
The Law on the Protection of the Rights and Interests of Consumers
The Contract Law
2 Advertising
3 Direct/pyramid selling
4 Internet sales
5 Selected cases
Shi Wufa v. Shanghai Donghai Beer Ltd. and Shanghai Nanhui County Tanzhi Supply and Marketing Cooperative (2000) 沪一中民终字第1289号, Shanghai City No. 1 Intermediate People’s Court, 18 July 2000
Facts
Reasoning
Judgment
Sun Xiangyong v. Hainan Zhongnan Telecommunications Market (2002) 海中法民终字第17号, Hainan Province Haikou City Intermediate People’s Court, 18 January 2002
Facts
Reasoning
Ruling
Further reading
Notes
8 Taxation, banking, and securities
1 Taxation
Overview
Tax categories for foreign investors
Value-added tax (增值税)
Consumption tax (消费税)
Business tax (营业税)
Land appreciation tax (土地增值税)
Vehicle acquisition tax (车辆购置税)
Customs duties (关税)
Preferential tax treatment
Concessions on foreign investment enterprise income tax
Concessions on business tax, value-added tax, and customs duties
2 Banking
Overview
Foreign banks and financial institutions
Foreign exchange
3 Securities
Overview
Securities offerings
Securities offered by a new company
Securities offered by an existing company
Securities trading
The B shares
The QFII scheme
4 Selected cases
The Tianjin City Nankai Branch of the China Construction Bank v. Tianjin Development Zone Maikeheng Industrial and Trading Ltd. (2001) 民二终字第126号, Supreme People’s Court, 21 February 2002
Facts
Reasoning
Judgment
Sun Yanzhen v. Changning Office of Shanghai Pudong Lianhe Trust Investment Ltd. (2000) 沪一中经终字第1518号, Shanghai City No. 1 Intermediate People’s Court, 6 November 2000
Facts
Reasoning
Judgment
Further reading
Notes
9 Dispute resolution
1 Conciliation/mediation
2 Administrative proceedings
Administrative reconsideration
Administrative litigation
3 Litigation
General framework
Foreign-related civil litigation
Enforcement
4 Arbitration
Background
General framework
Foreign-related arbitration
Arbitration v. litigation
Arbitration in practise
5 Selected cases
Nantong Development Zone Fudatehua Ltd. v. Head Office of the State Administration of Taxation (2000) -中行初字第147号, Beijing City No. 1 Intermediate People’s Court, 19 December 2000
Facts
Reasoning
Judgment
China International Iron and Steel Investment Co. v. Japan Daiichi Kangyo Bank K.K. et al. (2001) 民四终字第12号, Supreme People’s Court, 21 May 2001
Facts
Reasoning
Ruling
Further reading
Notes
10 Accession to the World Trade Organization
1 Background
The World Trade Organization and its principles
Trade without discrimination
Freer trade
Predictability
Fair competition
More benefits for the less developed
World Trade Organization agreements
Goods
Services
Intellectual property
Dispute settlement
Policy review
China’s accession to the World Trade Organization
2 Basic rights and obligations
Indiscriminate treatment
Developing country treatment
State trading, pricing, and subsidies
Compliance with the basic rules of the World Trade Organization
3 Commitments to trade in goods
The right to trade
Tariffs
Nontariff barriers
Tariff rate quotas
Technical barriers to trade
Designated trading
4 Commitments to trade in services
Telecommunications
Banking and other financial services
Insurance
Securities
Distribution
Tourism
Education
Transport
Professional services
5 The impact on the Chinese economy and opportunities for investors
Further reading
Notes
11 The development of the western region
1 Background and objectives
From east to west
Regional equality
National security
Growth momentum
Ecological protection
2 Priorities in development
Reprioritizing development
Infrastructure construction
Ecological protection
Industry-structure adjustment
The development of science, technology, and education
3 Preferential policy treatment for foreign investors
Problems with state financing
Preferential policies from the central government
Preferential policies from local governments
Further reading

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Tags: Vai Io Lo, Law, China, Business Environments, WTO Accession