The legal environment and risks for foreign investment in China /

The legal environment and risks for foreign investment in China /

Saved in:
Bibliographic Details
Author / Creator:Li, Shoushuang.
Imprint:Berlin ; New York, NY : Springer-Verlag Berlin Heidelberg, c2007.
Description:xxii, 320 p. : ill. ; 25 cm.
Language:English
Subject:
Investments, Foreign -- Law and legislation -- China.
Business enterprises, Foreign -- Law and legislation -- China.
Taxation -- Law and legislation -- China.
Investments, Foreign.
Investments, Foreign -- Law and legislation.
Risk.
China.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/6327832
Hidden Bibliographic Details
ISBN:9783540483748
3540483748
Notes:Includes bibliographical references (p. 317-320).
Table of Contents:
  • Foreword
  • Preface
  • Acknowledgements
  • Abbreviations
  • 1. Introduction: The Legal Risks of Foreign Investment in China
  • 1.1. Definition of Legal Risk of Foreign Investment
  • 1.1.1. Risk and Legal Risk
  • 1.1.2. Types of Legal Risks Embedded in Chinese Legal System
  • 1.1.3. Legal Risks for Foreign Investment in China
  • 1.2. Macro-analysis of Legal Risks in Investment Institutions
  • 1.2.1. Macro-analysis of the Legislation Regarding Foreign Investment and Its Risk
  • 1.2.2. China's Commercial Law and Its Legal Risks for Foreign Investment
  • 1.3. Macro-analysis of the Risks Arising from Foreign Investors Behavior
  • 1.3.1. The Risks from the Authorities
  • 1.3.2. Risks Arising From Foreign Investors' Behaviors
  • Part 1. Legal Risks of Foreign Capital Entry
  • 2. The Legal Risks of Green Field Foreign Investment
  • 2.1. Case Study: Legal Risks Behind the Curtain of Carley
  • 2.2. The Risk in Partners Choosing
  • 2.3. Risks of Registered Capital Contribution
  • 2.3.1. Legal Rules Regarding Registered Capital Contribution of Foreign-Invested Enterprises
  • 2.3.2. Some Special Risks with Contributions
  • 3. The Legal Environment and Risks for M&A by Foreign Investors in China
  • 3.1. Macro-Analysis of Current Legal Environment for M&A by Foreign Investors in China
  • 3.1.1. Insight into the Macro Legal Environment for M&A by Foreign Investors from the Perspective of Legal Rules
  • 3.1.2. Insight into Macro Legal Environment for M&A by Foreign Investors from the Perspective of Market Access
  • 3.2. Micro-analysis of Current Legal Environment of M&A by Foreign Investors in China
  • 3.2.1. Industrial Policies for Market Access
  • 3.2.2. Governmental Approval Procedures
  • 3.2.3. Asset Appraisal
  • 3.2.4. Transaction Pricing for State Assets Transfer
  • 3.2.5. Forms of Payment
  • 3.2.6. Time Limits of Payment
  • 3.2.7. Anti-trust Approval
  • 3.2.8. Labor Issue
  • 3.3. The Legal Risks of Foreign-Funded M&A
  • 3.3.1. Institution Risks
  • 3.3.2. Risks with Property Rights Transfer
  • 3.3.3. Operational Risks
  • 3.3.4. Risks Arising from Change of Enterprise Ownership
  • 3.3.5. Other Risks
  • Appendix. Laws and Regulations Regarding M&A by Foreign Investors in China
  • 4. Modes and Risks for Foreign Investments in Restricted Industries
  • 4.1. Industry Entry Rules for Foreign Capital
  • 4.1.1. Basic Regulations
  • 4.1.2. Rules of Entry to Specific Industries by Foreign Investors
  • 4.1.3. Other Specific Arrangements
  • 4.2. Dancer in Shackles: Modes of Foreign Investment in Restricted Industries
  • 4.2.1. Case Study: Shanda's Contractual Control Mode
  • 4.2.2. Modes for Foreign Investments in Restricted Industries
  • 4.3. The Legal Risk of the Modes for Foreign Investment in Restricted Industries
  • 4.3.1. Risks with Effectiveness of Contracts
  • 4.3.2. Risks in the Administration of Foreign Exchange
  • 4.4. The Outline of Anti-risk Measures for Foreign Investment in Restricted Industries
  • 4.4.1. Draft the Contracts to Be Perfect
  • 4.4.2. Risk Evasion by an Offshore Company
  • 4.4.3. Reversion Clause
  • Part 2. Legal Risks in Operation of Foreign-Invested Enterprises
  • 5. Changeable Government: Political Risks for Foreign Investment
  • 5.1. Nationalization and Expropriation
  • 5.1.1. History of Nationalization and Expropriation
  • 5.1.2. Nationalization
  • 5.2. The Risk of Changes to Economic Policies
  • 5.2.1. Huang Qiao Case
  • 5.2.2. Types of Change in Government Policy
  • 5.2.3. Suggestions for Combating Political Risks
  • 5.3. The Risks Coming from Local Government
  • 5.3.1. Localized Policy when Inviting Foreign Investment
  • 5.3.2. The Legal Risks of Localized Policy
  • 6. Corporate Governance Troubles in Sino-foreign Joint Ventures
  • 6.1. Difficulties in Managing Legal Entities Shown in the Upsurge of Foreign-Invested Enterprises
  • 6.2. General Situation of Corporate Governance Modes of Joint Ventures
  • 6.2.1. Corporate Governance of Joint Ventures Review
  • 6.2.2. Survey of Sino-foreign Joint Venture Corporate Governance
  • 6.3. Review of Legal Risks Arising from Sino-foreign Joint Venture Corporate Governance
  • 6.3.1. Risks of Existence Reliance: Review from the Aspect of Imbalance Between the Control Right and Residual Claim Right
  • 6.3.2. System Risks in Contorted Sino-foreign Joint Venture Management Structure
  • 6.4. Can Sino-foreign Joint Ventures Tend Towards Harmony?
  • 6.4.1. Failure in Dong Feng Nissan Joint Venture and Born of the Fundamental Law of Dong Feng Nissan
  • 6.4.2. Way for Joint Ventures to Go Toward Harmony as Shown in the Dong Feng Nissan Basic Law
  • 6.4.3. Political Policy Being the Essential Reason for Joint Venture Governance Troubles
  • 7. Tax Risks Under the New Tax Law Environment
  • 7.1. Introduction
  • 7.2. Cat and Mouse Game Between Tax Evasion and Anti-tax Evasion
  • 7.2.1. Black Hole in Foreign-Invested Enterprises' Tax
  • 7.2.2. Road Map for Tax Evasion by Foreign Investors
  • 7.3. Anti-tax Evasion Action Upgrading in China
  • 7.3.1. Spread of 'Anti-tax Evasion Storm'
  • 7.3.2. APA Limits Transfer Pricing
  • 7.3.3. Prevention of Weakening Capital Started by the Enterprise Income Tax Law (Draft)
  • 7.4. Unification of Income Tax and Its Risks for Foreign Investment
  • 7.4.1. Income Tax Reform Coming
  • 7.4.2. Games on Unification of Income Tax Reform
  • 7.4.3. Unification of Income Taxes Moving Ahead Under Debating
  • Appendix I. Tax Law Applicable to Foreign-Invested Enterprises
  • Appendix II. Current Chinese Foreign-Invested Enterprise Income Tax System
  • 8. Land Use Right Risks in Foreign Investment
  • 8.1. Introduction
  • 8.2. Legal Issues in Foreign-Invested Enterprises' Use of Land
  • 8.2.1. Policies Change
  • 8.2.2. Ways for Foreign-Invested Enterprises' to Obtain Land Use Right
  • 8.2.3. Fee for Land Use Right
  • 8.2.4. Term for Land Use Rights
  • 8.3. Land Risks in Foreign Investment
  • 8.3.1. Legal Risks in Developing Zones' Land Transfer
  • 8.3.2. Legal Risks in Land Requisition
  • 8.3.3. Legal Risks in Contribution with Collectively Owned Land
  • 8.3.4. Legal Risks in Land Offered by Local Governments for Free
  • 8.3.5. Lack of Judicial Remedy to Land Disputes
  • 9. Labor Legal Risks of Foreign-Invested Enterprises
  • 9.1. Labor Legal Risks Shown in Trade Union Disputes
  • 9.1.1. Widespread Foreign Enterprises' Refusal of Establishing Trade Unions
  • 9.1.2. Risks Increasing in Refusal to Establish Trade Unions
  • 9.1.3. Reflection of Tense Employer-Employee Relation by Refusal of Establishing Trade Unions
  • 9.2. Overview on Foreign-Invested Enterprise Labor Law Rules
  • 9.2.1. Foreign-Invested Enterprise Labor Legislation
  • 9.2.2. Provisions on Labor Contracts of Foreign-Invested Enterprises
  • 9.3. Insight into Foreign-Invested Enterprises' Labor Risks
  • 9.3.1. Case Analysis of Foreign-Invested Enterprises' Legal Risks
  • 9.3.2. Brief of Labor Legal Risks in Foreign-Invested Enterprises
  • 9.4. Legal Risks Arising from Controversial China's Draft Labor Contract Law
  • 9.4.1. Highlights of the Draft
  • 9.4.2. Implications of the Draft
  • Part 3. Legal Risks for Foreign Investment in Specific Industries
  • 10. Modes and Legal Risks of Foreign Investment in Non-governmental Education in China
  • 10.1. Introduction
  • 10.2. Foreign Investment Modes of Non-governmental Education
  • 10.3. Summary of Legal System for Non-governmental Education
  • 10.4. Legal Risks for Foreign Investment in Non-governmental Education in China
  • 10.4.1. Legal Risks Shown by Ren Jingxi's Withdrawal
  • 10.4.2. Insight into Legal Risks for Foreign Investment in Non-governmental Education
  • 11. Legal Risks for Foreign Investment in China's Water Market
  • 11.1. Introduction
  • 11.1.1. Basic Information of Foreign Investment in China's Water Market
  • 11.1.2. Big Events in Foreign Investment in the Chinese Water Market
  • 11.2. BOT Mode of Foreign Investment in Water Industry
  • 11.2.1. BOT in China
  • 11.2.2. Case Study: Chengdu Sixth Waterworks
  • 11.3. Insight into Legal Risks for Foreign Investment in Chinese Water Market Under BOT Mode
  • 11.3.1. Foreign Water Companies' Failures Under a Flawed BOT Legal Environment
  • 11.3.2. Detailed Analysis on Legal Risks for Foreign Investment in the Chinese Water Market Under BOT Mode
  • Appendix. Laws and Regulations on Foreign Investment in China's Water Market
  • 12. Legal Risks for Foreign Investment in the Insurance Industry
  • 12.1. Introduction of Foreign Investment in China's Insurance Industry
  • 12.1.1. Brief View on China's Insurance Industry
  • 12.1.2. Brief View of Foreign Investment in China's Insurance Industry
  • 12.2. Laws and Regulations on Foreign Investment in China's Insurance Industry
  • 12.2.1. Participation in Insurance Companies
  • 12.2.2. New Establishment
  • 12.2.3. Specialties of Capital Contribution
  • 12.3. Legal Risks for Foreign Investment in China's Insurance Industry
  • 12.3.1. Withdrawal of Foreign Insurance Companies Signals Risks
  • 12.3.2. Insight into Legal Risks for Foreign Investment in Insurance Industry
  • Appendix. List of Chinese Insurance Laws and Regulations
  • 13. An Insight into Foreign Investment Dispute Resolution in China
  • 13.1. Insight into Commercial Dispute Resolution in China
  • 13.1.1. Introduction
  • 13.1.2. Assessment of China's Civil Justice System
  • 13.1.3. Current Reform and Further Proposals
  • 13.1.4. Alternative Dispute Resolution (ADR)
  • 13.1.5. China's Perspective on Commercial Dispute Resolution
  • 13.1.6. Conclusion: How to Choose an Ideal Commercial Dispute Settlement Mechanism in China
  • 13.2. Characters of a Chinese-Style Judicial Decision-Making Process
  • 13.2.1. The Government-like Judicial System and Judicial Decision-Making
  • 13.2.2. Decision-Making by the Judicial Committee
  • 13.2.3. Local Governments and the Peoples' Congress' Influence on Decision-Making of Localized Courts
  • 13.2.4. CPC's Committees or Committees of Political and Legislative Affairs' Influence on Judicial Decision-Making
  • 13.2.5. Lobbying and Judicial Decision-Making
  • Appendix A. Typical Chinese Judicial Process
  • 13.3. Insight into Chinese-Style Arbitration
  • 13.3.1. A Crisis in China's Arbitration History
  • 13.3.2. Chinese Characters of Arbitration
  • 13.3.3. The Root of Risk in Chinese Arbitration
  • 13.4. Mediation in China
  • 13.4.1. Mediation in the Litigation Process
  • 13.4.2. Mediation in the Arbitration Process
  • 13.4.3. Mediation in the Mediation Center
  • 14. Managing the Future - The Strategy for Foreign Investment Under Power-Oriented Economy
  • References
The Wallace Heckman Memorial Law Book Endowment bookplate

Similar Items