Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.563809
Title: China's legal reform of corporate governance : from theoretical research to practical solutions
Author: Zhou, Tian Shu
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2012
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Abstract:
There are two tasks of this dissertation. Firstly, it will make a contribution from a theoretical perspective. Some Western scholars conclude that rules and institutions transplanted from Western jurisdictions have not worked well in the Chinese legal system so far. This is because the level of consistency between the transplanted rules or institutions and the local context is still at a low level. However, this dissertation takes a different position. By solving a series of unanswered questions, it will make a theoretical contribution to the scholarship on comparative corporate governance in the context of the transitional economy. By and large, it will answer the question: "why can China, as representative of a transitional economy, not escape from the faith of legal transplant in its legal reform of corporate governance". Secondly, this dissertation will make a contribution from a practical perspective. Many Chinese lawyers and Western scholars complain that Chinese company law is suffering deeply from the problem of ambiguity. Indeed, it is poorly and inconsistently drafted. There is, nevertheless, no systematic study on how to solve this problem in a pragmatic manner. In light of the proposed theoretical research, this dissertation will provide an important response on this issue. It rebuilds the director's fiduciary duties and shareholder's fiduciary duties by inserting some workable legal rules from the UK into the existing legal regime in China.
Supervisor: Cabrelli, David. ; Reid, Elspeth. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.563809  DOI: Not available
Keywords: Chinese legal system ; corporate governance ; company law ; shareholder duties ; directors duties
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