Enterprise Reform In China The Evolving Legal Framework

This work is a continuation of the authors' earlier publication, "The China Miracle: Development Strategy and Economic Reform". The authors review the historical evolution of the state-owned enterprises, analyze the current problems, and suggest the direction for future reforms.

This report aims to take stock of the domestic private sector in China which has emerged over the past twenty years. It is based on surveys and interviews carried out in four locations in China where private sector development is relatively advanced. These studies were supplemented by discussions with entrepreneurs, industry associations, and government officials. The report focuses on three main themes: the structure of private enterprises, the enabling environment for their development and, access to financing. For each of these areas, the report presents an analysis of constraints on private sector development and outlines an agenda for addressing these constraints. The report recommends that, in order to encourage continuing private sector growth, the government should create a level playing field for all enterprises by intervening less and focusing on improved commercial legislation and more open markets. Financial institutions must develop to serve the private sector, and private enterprises need to mature and improve their corporate governance, in order to derive the most benefit from improvements in the business environment.

This book provides a thorough and practical interdisciplinary foundation for analyzing and structuring business relationships with customers in China in a post-Tiananmen context. The authors present a carefully crafted and timely synthesis of the commercial, financial, and legal framework that has been adopted by China to encourage foreign trade and investment. It focuses on China's steadfast commitment to the support of market-oriented reforms throughout the period of economic isolation imposed by the international community of nations from June 1989 through mid-1991. Support is provided for the position that China has irrevocably embarked on its journey toward a market economy and that the climate for foreign trade and investment has become sufficiently stable to warrant serious consideration by foreign business with long-term expansion goals. The book begins with a historic overview of economic and legal developments in China since 1949. The impact of economic reforms implemented in response to the open door policy adopted by the Chinese leadership in 1979 on the state-planned, product-oriented command society is analyzed in the context of the decentralization of managerial responsibility. The structure and operations of domestic Chinese entities are examined in detail. Also emphasized is the importance of understanding the legal and practical aspects of these relationships prior to entering into serious negotiations with a potential partner. Care is taken to fully examine the Chinese Economic Contract Law and the Chinese Foreign Economic Contract Law. The role and function of China's major financial institutions are reviewed, and China's foreign exchange control system is also examined. The structure of China's foreign trade controls including tariff and non-tariff measures is analyzed for its impact on China's application for participation in GATT. Finally, the book focuses on integrating China's evolving commercial and legal framework for foreign trade and investment into actual business ventures with foreign partners. Foreign investment guidelines are reviewed, and the applicability of the Chinese Foreign Joint Venture Enterprise Law is comprehensively explained. The book is an indispensable tool for CEOs, strategic planners considering off-shore expansion, and academicians in the fields of international law, finance, and marketing.

Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

We document that publicly listed Chinese state-owned enterprises (SOEs) are less productive and profitable than publicly listed firms in which the state has no ownership stake. In particular, Chinese listed SOEs are more capital intensive and have a lower average product of capital than non-SOEs. These productivity differences increased between 2002 and 2009, and remain sizeable in 2019. Using a heterogeneous firm model of resource misallocation, we find that there are large potential productivity gains from reforms which could equalize the marginal products of listed SOEs and listed non-SOEs.

This book analyzes the transformation of business development and the 'marketization' of industry in China over the past thirty years within a complex framework of legal, political, and economic reform aims.