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Regulating Enterprise In China/China Dispute Resolution

Posted by Dan on May 3, 2008 at 08:25 PM

The Foundation for Law, Justice and Society has come out with a report (free online here) entitled, Regulating Enterprise: The Regulatory Impact on Doing Business in China. (h/t to AsiaBizBlog)

The report is described as follows:

This special report adopts an interdisciplinary, socio-legal approach to reveal the actual encounter between law and the social environment, exploring problems of implementation, and the implications for China’s future policy initiatives and economic development. Collectively, the briefs demonstrate that while China’s transition to a market economy governed by the rule of law is far from complete, the dynamic reform process is, on the whole, producing a more secure and transparent environment for investment.

It consists of the following chapters, written by the following people:

Introduction: Randall Peerenboom

Enforcement of Intellectual Property Rights
Policy Brief 1: Andrew Mertha

Recent Policy Changes in China’s Real Estate Sector
Policy Brief 2: Lou Jianbo

The Making of China’s Corporate Bankruptcy Law
Policy Brief 3: Terence C. Halliday

Competition Policy and Law
Policy Brief 4: Mark Williams

Development of a Legal and Policy Framework on Competition
Policy Brief 5: Peng Xiaohua

Labour Law: Trends and Practices in China
Policy Brief 6: James Zimmerman

Courts as Legislators
Policy Brief 7: Randall Peerenboom

The Impact of the World Trade Organization on the Chinese Legal System

Policy Brief 8: Yuka Kobayashi

The Foundation has also come out with a report entitled, Developments in Dispute Resolution in China, which can be found here, described as follows:

There have been dramatic changes in the nature and incidence of disputes, conflicts, and social disturbances, and the mechanisms for addressing them over the last twenty-five years in China. Drawing on recent empirical work, these policy briefs and reports examine the ways conflicts are addressed across a range of public and private fora, while exploring the development and limitations of mechanisms that seek to address citizen complaints and concerns. The briefs shed light on ongoing debates concerning the role of law and dispute resolution with respect to economic development (efficiency) and social justice (equity), and provide feasible policy recommendations for enhancing both justice and efficiency.

This report consists of the following:

Dispute Resolution in China: Patterns, Causes and Prognosis Report: Randall Peerenboom and He Xin

Constitutional Conflict and the Role of the NPC
Policy Brief 1: Wang Zhenmin

China Labour Dispute Resolution
Policy Brief 2: Ron Brown

The Enforcement of Commercial Judgments in China
Policy Brief 3: He Xin

Shareholders' Litigation and Anti-Dumping Investigation in China
Policy Brief 4: Wang Jiangyu

CIETAC as a Forum for Resolving Business Disputes
Policy Brief 5: Cao Lijun

Popular Attitudes Towards Dispute Processing in Urban and Rural China
Policy Brief 6: Ethan Michelson

I confess I have yet to read either book, but because both are written by such highly regarded China law scholars, I have no doubt both will be well worth the read. I fully intend to read both books, but in the meantime, I would love to hear back from anyone who reads either.


I also haven't read either report, and I am not doing much work in China any more, so I don't know if I will take the time to read them later or not. But I am wondering what their various articles or chapters may be saying about not only the policy side of things but also about how the actual institutions (for dispute settlement, conflict resolution or for competition law, or for oversight and monitoring of intellectual property issues and etc. etc.) and their practical institutional or inter/multi- institutional mechanisms within the state apparatus both at central level and with the decentralized sub-national levels are working or are not working, or may have been developed... or what plans may exist to develop them in the future in terms of their overall capacity-building, staffing, training, systems, computerization and etc.. Since very often it's practical institutions on the ground and how they work or fail to work on a day to day basis within any given policy area that end up making or breaking the intended policies (for either efficiency or for equity). And there is no reason to believe, in fact quite the contrary, that this would be any less true in China.

I did read Mr. Andrew Mertha's policy brief on enforcement of intellectual property rights in China,and I have no doubt that he has done substantial research on administrative enforcement of IP protection with discussions on the structure, interrelationship among officials and different departments at provincial level. However, I saw that the source he quoted are not recent works, and actually the majority has been spent on talking about the subtle relationship exit in China's bureaucratical system in copyright protection and enforcement area. Anyone who has spend more than five years doing business in China will know that, more or less. I couldn't see any discussion on the fresh progress achieved in IPP in China, and other IP areas like trademark protection. At last, I couldn't find the published date of Mr. Mertha's report, may be someone will show me later.

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