Rethinking Law and Development

This book examines the relationship between law and China's economic and human development. It explores the development of the Chinese legal system both from China's historical perspective considering the specific political and socioeconomic factors that are shaping Chinese law and from a comparative perspective, exploring the interaction between China and the rest of the world. It considers the both the linkages between the formal law and China's economic development, and issues of law, human rights, and social justice as they relate to economic and human development.

Auteur

Guanghua Yu is Professor of Law and Director of the Centre for Chinese Law in the Faculty of Law at the University of Hong Kong. Professor Yu's research interests are in the areas of contract law, corporate law, constitutional law, and public policy.

Résumé
This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China's economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China's economic development, political change, and China's interaction with the international community.The book explores the development of the Chinese legal system from both China's historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China's economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.

Contenu

1. Introduction, Guanghua Yu
   2. A Tale of Two Chinese Courts: Economic Development and Contract Enforcement, Xin He
      3. Economic Institutions and Firm Behavior and Performance in China: Did Institutions Matter and How Did They Come into Being?, Julan Du, Yi Lu and Zhigang Tao
         4. *Contract Enforcement in China: Theory and Evidence, *Guanghua Yu
            5. What Are Property Rights Good For? Insights from the Chinese Experience, Frank Upham 6.From Economic Development to Human Flourishing: China's Evolving - but Limited - Engagement with International Human Rights Law and Norms, Jacques deLisle
               7. Human Rights for Human Development: The Rhetoric and the Reality, Dan Banik
                  8. China and the Jasmine Revolutions in the Middle East and North Africa, Randall Peerenboom
                     9. Embedded Socio-Legal Activism: The Case of Yirenping, Hualing Fu
                        10. Economic Development, Environmental Preservation and International Policy Learning In China: Venturing Beyond Transnational Legal Process Theory, Roda Mushkat
                            11. Social Justice and Intellectual Property Protection in China, Haochen Sun