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Regulating Enterprise In China/China Dispute Resolution

By Dan Harris and Steve Dickinson

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.

Full post as published by China Law Blog on May 03, 2008 (boomark / email).