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In search of Chinese jurisprudence : does Chinese legal tradition have a place in China's future?

Lau, Alex & Young, Angus (2009) In search of Chinese jurisprudence : does Chinese legal tradition have a place in China's future? International Company and Commercial Law Review, 20(5), pp. 155-164.

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Abstract

Questions the extent to which Westerrn commercial laws adopted by China, particularly in its Company Laws of 1993 and 1995, are comptaible with China's different cultural and legal traditions. Suggests that Western concepts of the rule of law and of corporate governance are alient to China. Outlines the development of the Western legal tradition. based on Judaeo-Christian beliefs and legal rationalism. Compares this with the deveopment of the Chinese legal tradtion, based on Confucianism and legalism. Proposes ways in which the two traditions could be reconciled more effectively.

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ID Code: 32222
Item Type: Journal Article
Keywords: Company Law, China, Comparative Law, Legal history
ISSN: 0958-5214
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Legal Theory Jurisprudence and Legal Interpretation (180122)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Deposited On: 13 May 2010 12:19
Last Modified: 11 Aug 2011 01:26

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