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


Autoria(s): Lau, Alex; Young, Angus
Data(s)

2009

Resumo

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.

Identificador

http://eprints.qut.edu.au/32222/

Publicador

Sweet & Maxwell Limited

Relação

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=423&productid=6944

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.

Fonte

QUT Business School; School of Accountancy

Palavras-Chave #180122 Legal Theory Jurisprudence and Legal Interpretation #Company Law #China #Comparative Law #Legal history
Tipo

Journal Article