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 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.

An insider’s guide to doing business in the fastest growing market in the world—China! Did you know? —Americans have bought $185 billion worth of Chinese goods. —China’s economy is growing at an astounding rate of 9 percent a year. —The trade gap between the U.S. and China has been growing by more than 25 percent per year. Whether you work for a company doing business in China, or are an entrepreneur looking to export your goods and services, An American’s Guide to Doing Business in China teaches you the practicalities and the pitfalls of dealing with this complex market. While there are undeniable opportunities in the Chinese market, there is also a great deal of hype—and very real political and cultural differences that make doing business in China extremely challenging. Written by an industry expert with more than two decades of experience, An American’s Guide to Doing Business in China is an authoritative and accessible guide covering all aspects of doing business in China, including: • Finding manufacturing partners • Negotiating contracts and agreements • Choosing a location and hiring employees This practical work also teaches you how to navigate Chinese culture and customs, market and advertise to Chinese consumers, and find the hottest opportunities. An American’s Guide to Doing Business in China is what you need to succeed in the world’s biggest market.

Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.

This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author’s experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.

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.

Amazingly, almost all Fortune 500 companies have a business presence in China. This phenomenon indisputably demonstrates that China has now become the center of global attention. Yet many foreign businessmen and lawyers still feel discomfort about Chinese law and the legal system that they will encounter in their business dealings with China. Issues that must be dealt with for foreign parties doing business in China include, among others, whether China has a sound legal system, whether private interests will be protected effectively under the socialist system of China, and whether a contract will be honored and enforced in China. Additional questions arise: How are contracts treated and handled differently from what we do at home? How is the doctrine of freedom of contract being accepted in China? What contract theories are there in China? How do we make a contract with Chinese counterparts? Could the law of our country be applied to a contract involving China? What remedies will be available in case of breach of contract? How will a judgment or arbitral award be enforced in China? The book offers a comprehensive analysis on Chinese Contract Law both in theory and in practice. It discusses the issues surrounding the process of contract formation, performance and remedies for breach, and addresses the doctrines underlying the law of contract. The issue-oriented format and comparative mechanism employed in the book are intended to provide an inside view of Chinese Contract Law and its application in the people's courts. Efforts are made to discuss different solutions to the above issues based on the nature of particular fact patterns. The purpose of the book is to help "catch the cubs by boldly entering into the lair of tiger". The book begins with a review of the legislative history of contract law in China, and then moves onto an analysis of the Chinese nature of contracts. With a focus on the 1999 Contract Law of China, the book covers such subjects as formation of contracts, defenses to the formation of contracts, performance of contracts, assignment, breach and remedies, as well as third parties. The last chapter of the book has a special concentration on international contracts.