China S Business Contracts

A comparative study of business contracts and institutional developments during the early years of the People's Republic of China. Includes a case study of contracts in Chinese agriculture.

Preliminary Material -- Contracts in the Anglo-American Tradition -- Contracts and Planning in China, 1949-1963 An Overview -- Contract Law in China: A Comparative Analysis -- Contracts in Chinese Agriculture A Case Study of Contracts in Practice, 1949-1963 -- Contracts in America in Perspective -- The Meaning of Contracts: The Question Posed -- Notes -- Bibliography -- Glossary -- Index -- Harvard East Asian Monographs.

A Simon & Schuster eBook. Simon & Schuster has a great book for every reader.

This book is about the enterprise reform in China in general, and the Contract Management Responsibility System (the CMRS) in particular. The latter is an institutional arrangement to deal with the relation between the government and the state-owned enterprise which has always been at the centre of the enterprise reform. This research is based on four in-depth case studies of Chinese state-owned companies.

This book, first published in 1988, examines the nature of trade agreements with Chinese companies, and is divided into three parts which are arranged in accordance with the stages of development: from a trade talk to the final stage of a contract. At the time, China trade was mainly a kind of trade involving China traders and respective Chinese authorities, as Chinese businessmen were government officials. For this reason, paperwork such as the Memorandum of Discussion and Letter of Intent, while of no legal binding effect, were of vital importance to the trade system.

The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide

This book brings together articles on business agreements in the People's Republic of China, which have been carefully edited to present the reader with a uniform format. The articles are drawn primarily from the United States journals and reviews, but the legal and management issues treated in them are relevant to all businesses in the PRC. The book also contains sample joint venture, sales and commodity agreements and translations of key legislation relating to international business. This work is timely as the PRC is actively stimulating foreign investment, among other things by creating free economic zones.