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.
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.
Impact and interest:
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|Item Type:||Journal Article|
|Keywords:||Company Law, China, Comparative Law, Legal history|
|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 02:19|
|Last Modified:||10 Aug 2011 15:26|
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