Contentious Modes of Understanding Chinese Commercial Law

The George Mason Journal of International Commercial Law, vol. 6 (2014/2015), pp. 177-200

29 Pages Posted: 15 Jul 2015 Last revised: 27 Aug 2015

See all articles by Tianshu Zhou

Tianshu Zhou

China University of Political Science and Law

Mathias Siems

European University Institute (EUI); Durham University; European Corporate Governance Institute (ECGI)

Date Written: July 14, 2015

Abstract

Is Chinese commercial law simply a copy of German and other Western commercial laws, a “mystery” that Westerns cannot understand, or an “irrelevance” given the role of culture and politics in China? This article critically discusses these three modes of understanding. It is found that, while they seem to have some initial plausibility, one also has to be aware of their shortcomings. Thus, in the understanding of Chinese commercial law, it is most appropriate to take into account all three modes, as well as their limitations. This article also suggests approaching this topic as a “bilateral process” since the understanding of Chinese law also depends on the way Chinese law-makers understand Western legal systems.

Keywords: Comparative law, Chinese Commercial Law, Legal Transplant, Legal Families, Corporatism, Confucianism, Law and Development

JEL Classification: K12, K22, K42, N25, N45, O17, O43, P37

Suggested Citation

Zhou, Tianshu and Siems, Mathias, Contentious Modes of Understanding Chinese Commercial Law (July 14, 2015). The George Mason Journal of International Commercial Law, vol. 6 (2014/2015), pp. 177-200, Available at SSRN: https://ssrn.com/abstract=2630684

Tianshu Zhou

China University of Political Science and Law ( email )

25 Xitucheng Rd
Haidian District
Beijing
China

Mathias Siems (Contact Author)

European University Institute (EUI) ( email )

Via Bolognese 156 (Villa Salviati)
Firenze, 50139
Italy

HOME PAGE: http://www.eui.eu/siems

Durham University ( email )

Stockton Road
Durham, County Durham DH1 3LE
United Kingdom

HOME PAGE: http://www.dur.ac.uk/mathias.siems

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

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