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A Dialogue Between Law and History: Proceedings of the Second International Conference on Facts and Evidence
by Baosheng Zhang Thomas Yunlong Man Jing LinThis book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
Facts and Evidence: A Dialogue Between Philosophy and Law
by Baosheng Zhang Shijun Tong Jing Cao Chuanming FanThis book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
Third Party Funding for Dispute Resolution: A Comparative Study of England, Hong Kong, Singapore, the Netherlands, and Mainland China
by Beibei ZhangThis book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.
Governing Corporate Tax Management: The Role of State Ownership, Institutions and Markets in China
by Chen Zhang Rajah Rasiah Kee Cheok CheongThis book focuses on corporate sector development in the context of transition economies, such as China. In doing so, the book uses quantitative methods to test several hypotheses that are salient to the Chinese economic situation.Topics covered in the book include the relationship between tax management and firm performance, the extent to which a short-term focus on tax management can lead to long-term vulnerabilities, the impact of government ownership on tax management impact, and the link between the co-evolution of marketization and corruption, and institutional change and tax management.With that the book offers rich empirical evidence to examine tax management, firm performance and corruption in a broad context, while permitting comparison between the Chinese experience and the market economies.
Balance and Limitation of Intellectual Property Protection in China: The Latest Law Amendments and Judicial Development Under Micro-comparative Perspectives
by Chenguo ZhangThe book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.
Win in Chinese Courts: Practice Guide to Civil Litigation in China
by Chenyang ZhangThis open access book aims to provide an initial but comprehensive roadmap for the Chinese civil litigation system. It starts with some basic concepts of the Chinese judicial system (e.g., court system, case numbering, hierarchical trial system, etc.) and runs through the entire process and most aspects of civil litigation cases (e.g., jurisdiction, service of process, rules of evidence, enforcement, representative actions, etc.). The first target audience for this book is lawyers outside of mainland China. For professors and law students, this book also serves as a window into the Chinese judicial system in a short period of time. It is my hope that this book serves as a backdrop for additional observations of Chinese judicial practice, such as a review of recent cases. This is an open access book.
Legal Protection of Private Equity Investors in China: Practice, Challenges and Reform (China Perspectives)
by Chi ZhangThis monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal–agent relationship between the PE investors and the fund manager, and the other is the principal–agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.
Insolvency Law and Multinational Groups: Theories, Solutions and Recommendations for Business Failure (Routledge Research in Corporate Law)
by Daoning ZhangThe insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.
Corporate Social Responsibility in China: Cultural and Ownership Influences on Perceptions and Practices (Communication, Culture and Change in Asia #4)
by Dashi ZhangThis book explores how the traditional Chinese culture and business ownership influence corporate social responsibility in China. By comparing state-owned enterprises, private companies and multinational companies, it shows how corporate social responsibility is perceived and practiced at the corporate level in these companies. It also studies how intertwined company practices and the Chinese culture are, and how this relationship affects the business environment in China. Further, it highlights the value of economic factors in corporate social responsibility, and the influence of Chinese philosophy on corporate ethics. It is a valuable tool for researchers and academics wishing to understand the dynamics of corporate social responsibility in China and discover the significant influencing factors in China's business arena.
The History of Chinese Legal Civilization: Ancient China—From About 21st Century B.C. to 1840 A.D.
by Jinfan ZhangThis book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal system. It effectively combines classic and historical analysis to probe the historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of the Chinese legal system on the basis of the existing relevant researches. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens the readers’ understanding of Chinese legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. The chapters are structured chronologically, ranging from the Xia and Shang Dynasties, the Western Zhou Dynasty, the Spring and Autumn Period, the Han Dynasty, the South and North Dynasties, the Sui and Tang Dynasties, the Song Dynasty to the Ming and Qing Dynasties when Chinese legal system took on its final form. The chapters are compiled according to legislation, administrative law, criminal law and judicial system. Besides, the Chinese legal civilization after the Revolution of 1911 led by Sun Yat-sen is also addressed.
The History of Chinese Legal Civilization: Modern and Contemporary China (From 1840–)
by Jinfan ZhangThis book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal systems. It effectively combines classic analysis and historical analysis to probe historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of China s legal system on the basis of the existing relevant research. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens readers’ understanding of China s legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. It discusses the trends in thinking on the reconstruction of the legal system; changing laws; western legal culture; the legal system in the period of westernization, constitution and reform; preparation for constitutionalism; modification of the law during the late Qing Dynasty; criminal, civil and commercial legislation; and judicial reforms in the modern era as well as the various ups and downs and cases of malconduct after the founding of the People’s Republic of China.
The Tradition and Modern Transition of Chinese Law
by Jinfan ZhangThe book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law's transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, but also integrated the important historical figures and events ingeniously and it is a valuable and readable book with authenticity.
A Chinese Perspective on WTO Reform
by Lei Zhang Xiaowen TanThis book discusses the most recent developments in the WTO regime. Issues such as E-commerce, security exception clause, China's compliance with the WTO obligations, sustainability development, IP protection in FTZs, trade controls and etc., are at the forefront of WTO studies. These issues strongly influence people's understanding of the current role of WTO and provides possible way to revitalize the function of WTO. Meanwhile, as the world's second largest economy, the world's largest trading nation and the holder of the world's largest foreign exchange reserves, China is apparently a powerful figure in leading these issues. Therefore, this book explores extensively these issues from a Chinese perspective to see what China could do to reboost the world trade.
Lawyer Evaluation in Chinese Courtroom: A Social-Semiotic Perspective
by Liping ZhangThis book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as 'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The keyconstruct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context. The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.
Understanding Chinese Corporate Governance: Practical Guidance for Working with Chinese Partners
by Lyndsey ZhangIn a complex political and environmental global landscape, it has never been more critical for global organizations to understand the past, present, and future of Chinese corporate governance: this book is the key. Leveraging her dual-cultural background and using a board-level practitioner’s lens, Lyndsey Zhang offers insights that will help the global business community better understand Chinese companies’ corporate governance practices and economic development journeys, shorten the learning curve for global business leaders and investors, and explore different economic models that better suit emerging markets. She addresses important questions such as: • How does the Chinese government manage to retain its controlling position in Chinese companies while still making them attractive to global investors? • What are the drivers for Chinese companies’ future corporate governance improvement? • What is China’s position on the worldwide ESG and climate change movements? • How can global practitioners feel less like "navigating in the dark" when working with Chinese companies? This book will be an invaluable resource for anyone seeking to understand the rapidly changing world of Chinese corporate governance, including global investors, senior executives in multinational corporations, consultants, financial and political policymakers, business and law students, and researchers.
A Confucian Analysis on the Evolution of Chinese Patent Law System
by Nan ZhangThis book comprehensively discusses the main features of the Chinese patent law system, which not only legally ‘transplants’ international treaties into the Chinese context, but also maintains China’s legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius’s classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.
Seafarers’ Rights in China
by Pengfei ZhangThis book critically investigates the conditions of seafarers rights in China in legislation and in practice, focusing in particular on the restructuring process following the 2006 Maritime Labour Convention. Accordingly, it poses key research questions to major Chinese stakeholders to gauge their responses to the Convention, to determine whether the protection of Chinese seafarers has actually improved since the advent of the Convention, and further, to identify the continuing challenges for future improvement. The Convention will enter into force in China in November 2016, bringing with it significant changes. "
Human-computer Interaction and Management Information Systems: Foundations (Advances In Management Information Systems Ser.)
by Ping Zhang Dennis F. Galletta"Human-Computer Interaction and Management Information Systems: Foundations" offers state-of-the-art research by a distinguished set of authors who span the MIS and HCI fields. The original chapters provide authoritative commentaries and in-depth descriptions of research programs that will guide 21st century scholars, graduate students, and industry professionals. Human-Computer Interaction (or Human Factors) in MIS is concerned with the ways humans interact with information, technologies, and tasks, especially in business, managerial, organizational, and cultural contexts. It is distinctive in many ways when compared with HCI studies in other disciplines. The MIS perspective affords special importance to managerial and organizational contexts by focusing on analysis of tasks and outcomes at a level that considers organizational effectiveness. With the recent advancement of technologies and development of many sophisticated applications, human-centeredness in MIS has become more critical than ever before. This book focuses on the basics of HCI, with emphasis on concepts, issues, theories, and models that are related to understanding human tasks, and the interactions among humans, tasks, information, and technologies in organizational contexts in general.
CSR Reporting and the Belt and Road Initiative: Implementation by Chinese Multinational Enterprises (Routledge Advances in Management and Business Studies)
by Ruopiao Zhang Carlos Noronha Jieqi GuanThe Belt and Road Initiative (BRI) is a major development strategy launched by the Chinese government with the goal of fostering economic cooperation among countries along the proposed routes. The BRI marks a new era in which multinational enterprises (MNEs) from developing countries are beginning to take primary responsibility for driving global flows of outward foreign direct investment (OFDI). Among hotly debated topics on how the BRI is reshaping the global competitive landscape, corporate social responsibility (CSR) reporting practices of Chinese MNEs along the Belt and Road are noteworthy but relatively less discussed. This book investigates how do Chinese MNEs engage with, define, and implement CSR under such an enormous cooperative initiative through analyzing their CSR reporting practices in the BRI host countries. Besides this, opportunities and challenges of the BRI investments for sustainable development in host countries are examined. The book provides critical insights into the current institutional architecture for CSR reporting to promote sustainable development. It also highlights the importance of stakeholders’ capacities to sustain, enact, and execute strict CSR disclosure laws and regulations. The findings mark important implications, particularly in view of growing concerns about international reputational damage of unsustainable OFDI. The book is suitable for researchers, undergraduate and postgraduate students in the fields of CSR, sustainability development, accounting, and international business; as well as others who are keen on the latest development of the BRI in relation to other developing and least-developed countries.
The Crisis of Distribution: Theoretical Analysis from Economic Law (China Perspectives)
by Shouwen ZhangThe crisis of distribution is one of the longest standing and most complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the reform and "opening-up" policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. In this two-volume set, the author analyzes distribution crises from a theoretical perspective, before going on to propose law and policy solutions. In this first volume, he discusses the four main concepts and focus points of the crisis of distribution – distribution itself, the crises it faces, the rule of law, and development. Concentrating on the major distribution problems China faces in particular, the author proposes regulatory methods which can be used to overcome the distribution dilemma, such as tools from policy and economic law, and reiterates the significance of theory building in resolving the issues. The book should be of keen interest to researchers and students of law, economics, and political science.
Distributive Institutions: The View of Economic Law (China Perspectives)
by Shouwen ZhangThe crisis of distribution is one of the longest standing and most complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. In this second volume, the author analyses crises of distribution from a theoretical perspective and proposes law and policy solutions. Believing that such crises are a collective result of systematic limitations, the author proposes a theoretical framework of “system–distribution–development” in order to resolve distribution problems and promote economic development. He argues that a crisis of distribution cannot be avoided without coordinated development of economic law and relevant constitutional, civil, and commercial law systems. In addition, it is necessary to differentiate the territories, industries, enterprises, and individuals that constitute such diverse systems. The book should be of keen interest to researchers and students of law, economics, and political science.
The New Horizon of China's Economic Law Theory (Understanding China)
by Shouwen ZhangThis book presents the development and reformation of economic law in China and explores the "three relationships" between the government and market, between reform and rule of law, and between the constitution and economic law. On this basis, it subsequently focuses on development theory, distribution theory, risk theory and crisis theory. Further, it addresses effective development, fair distribution, and prevention and resolution of related risks and crises, which are important functions of economic law. In order to achieve the above functions and objectives, the book argues, we must vigorously promote the integration of rule of law in economic law, and constantly refine the theory of economic rule of law employed in China.The book demonstrates that no matter how the "three major relationships" are adjusted or the relevant systems are reformed – i.e., regarding the implementation of the concept of coordinated development or the optimization of economic structures; the solution of distribution problems or the improvement of distribution systems; the prevention of risks or the response to crises – any such changes depend on economic rule of law. The above-mentioned theoretical discussion presents a "new horizon" of contemporary Chinese economic law theory, which will be of great value to the future development of economic law theory.
The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards: Lessons from and for China
by Shu ZhangThis book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.
Cambridge Studies in Economics, Choice, and Society: Kinship and Property in Preindustrial China and England (Cambridge Studies in Economics, Choice, and Society)
by Taisu ZhangTying together cultural history, legal history, and institutional economics, The Laws and Economics of Confucianism: Kinship and Property in Pre-Industrial China and England offers a novel argument as to why Chinese and English pre-industrial economic development went down different paths. The dominance of Neo-Confucian social hierarchies in Late Imperial and Republican China, under which advanced age and generational seniority were the primary determinants of sociopolitical status, allowed many poor but senior individuals to possess status and political authority highly disproportionate to their wealth. In comparison, landed wealth was a fairly strict prerequisite for high status and authority in the far more 'individualist' society of early modern England, essentially excluding low-income individuals from secular positions of prestige and leadership. Zhang argues that this social difference had major consequences for property institutions and agricultural production.
Ad Hoc Arbitration in China
by Tietie ZhangArbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People’s Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement; otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award. This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the Western world and in China, to identify the reasons for this hostility to ad hoc arbitration and calls for changes to this requirement under Chinese law.