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Law, development and corporate law r...
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Lan, Gil.
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Law, development and corporate law reform in China: Revealing the embedded social values of the corporation.
Record Type:
Language materials, printed : Monograph/item
Title/Author:
Law, development and corporate law reform in China: Revealing the embedded social values of the corporation./
Author:
Lan, Gil.
Description:
432 p.
Notes:
Source: Dissertation Abstracts International, Volume: 72-09, Section: A, page: .
Contained By:
Dissertation Abstracts International72-09A.
Subject:
Law. -
Online resource:
http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NR75706
ISBN:
9780494757062
Law, development and corporate law reform in China: Revealing the embedded social values of the corporation.
Lan, Gil.
Law, development and corporate law reform in China: Revealing the embedded social values of the corporation.
- 432 p.
Source: Dissertation Abstracts International, Volume: 72-09, Section: A, page: .
Thesis (Ph.D.)--York University (Canada), 2011.
This dissertation examines post-1979 reform of corporate law in China and the implications this has for our understanding of how corporate laws are adopted in developing countries and the nature of the corporation in general. Through its examination of the Chinese experience, this dissertation argues that corporate governance laws are embedded with social values and political choices. As a result, any attempted adoption of foreign corporate law concepts must account for the norms and assumptions in the laws being exported as well as the socio-political context of the recipient nation.
ISBN: 9780494757062Subjects--Topical Terms:
600858
Law.
Law, development and corporate law reform in China: Revealing the embedded social values of the corporation.
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Law, development and corporate law reform in China: Revealing the embedded social values of the corporation.
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Thesis (Ph.D.)--York University (Canada), 2011.
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This dissertation examines post-1979 reform of corporate law in China and the implications this has for our understanding of how corporate laws are adopted in developing countries and the nature of the corporation in general. Through its examination of the Chinese experience, this dissertation argues that corporate governance laws are embedded with social values and political choices. As a result, any attempted adoption of foreign corporate law concepts must account for the norms and assumptions in the laws being exported as well as the socio-political context of the recipient nation.
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China has managed to achieve outstanding economic growth in the last 30 years despite the fact that its corporate legal reform does not follow the supposedly superior shareholder primacy model of corporate governance represented by the Anglo-American model. A close examination of the assumptions and development of the Anglo-American model reveals that any attempted rapid adoption of such a model is inconsistent with China's legal traditions, recent history and political structure. Accordingly, China's economic reforms have succeeded in part because legal reforms have been gradual and less inconsistent with its history and context.
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China's state-owned enterprises (SOEs) have been criticized for their poor performance and fragmented attempts to privatize and introduce Western corporate governance concepts. However, when viewed from a broader socio-political perspective, it is clear that Chinese SOEs serve a broader range of functions taken for granted by the Anglo-American model such as providing social stability for workers. This stabilized environment has allowed private enterprises to flourish and generate economic growth by relying on traditional guanxi social networks instead of formal legal orders. As a result, China's reform experience demonstrates two important points. First, that corporate governance involves a range of potential social functions and the relative importance of these functions depends on the historical and socio-political context of the nation in question. Secondly, the relative importance of legal reform depends upon whether or not the nation in question has alternative forms of governance that are more compatible with that nation's context and traditions.
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http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NR75706
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