The Making of China’s Corporate Bankruptcy Law
Terence C. Halliday
Halliday.pdf (317.91 KB)
The Making of China’s Corporate Bankruptcy Law

For the past 20 years, China has embarked on a multi-track programme of reforms to build a bankruptcy system. The passage of an Enterprise Bankruptcy Law in 2006 (2006 EBL) represents a milestone, but there is still a long way to go.

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Popular Attitudes towards Dispute Processing in Urban and Rural China

The legal system, defined as lawyers, police, and the courts, is only a very small part of the larger justice system in China. People with grievances rarely turn to lawyers and courts for help. 

 

Instead, they exhibit an extraordinary tendency toward ‘self-help’, including dispute avoidance and bilateral negotiation. When they do seek help from third parties, they are far more likely to approach local community leaders and government agencies than lawyers and courts.  
 
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Traps, Gaps, and Law: Prospects and Challenges for China’s Reforms

It is unwarranted or too early to conclude that China’s transition is ‘trapped’, legally and politically. Judging the level of China’s political and legal reform and development, and whether it is adequate to the challenges it faces, is problematic.

Cross-national metrics for rule of law, good governance, economic inequality, and democracy tell us little about whether China’s level of legal development is consistent with continued growth and political stability.
 
 
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The Impact of the World Trade Organization on the Chinese Legal System

It is still early days to appreciate fully the effects of China’s World Trade Organization (WTO) accession in 2001. As China becomes more accustomed to WTO rules and regulations, it will also adopt a more thorough compliance with the spirit of the WTO agreements. 

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Legal and Regulatory Challenges of the Sharing Economy

This policy brief examines the issues raised by the emergence of huge companies such as Uber in the UK and Didi in China that operate in the so-called ‘sharing economy’. The business model of these companies represents a fundamental realignment of the relations between capital and labour, and raises questions about the liability for public safety, the need to preserve the jobs of traditional ‘offline’ operators, and the unfair use of consumers’ personal data.

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