Chapter 1 Law, Reform and the State Enterprise

In the People's Republic of China

by Jiang Qiangui

Historical background

Legal introduction

Legal consolidation

System renovation

Efficacy of the enterprise reform

Redefining ownership rights

Standardization of the internal structure

Capital structure

The future of enterprise reform

Approach to modification

Pilot projects

Streamlining the system

Conclusion

Chapter 2 Issues Related to the Legislative

Structure of the New Company Law

by Bian Yaowu

Legislative history

Limited liability

Commercial structure

Internal management

Reform of state enterprises

Shareholding

Corporate bonds

Additional matters

Chapter 3 The Regulatory Framework of China's

Company Law

by Wei Yaorong

Classifications of companies

Liability

Shareholders

Transfer of shares

Raising funds

Composition of shares

Statutory minimum amount of registered capital

Management structure

Conditions for the establishment of a company

Main conditions

Articles of association

Procedure and method for the establishment of

companies

Registration

Methods of establishment

Registered capital

Governance structure of a company

Management

Responsibilities and duties of directors, supervisors

and managers

Democratic management of staff and workers

Trade unions

Board of directors

Supervisory board

Management structure

Financial Affairs

Disclosure

Distribution of profits

Chapter 4 Formation of Shareholding Enterprises

under the New Company Law

by Huang Jianchu

Establishment of joint stock companies

Method of establishment

Promoters of establishment

Registered capital of the joint stock company

Articles of association of a joint stock company

$ Procedures for establishment

?anagement structure

I Shareholders' meeting

Board of directors

Manager

' Supervisory board

Duties and responsibilities of directors, supervisors

and manager

Shareholding and joint stock companies

Principles

Pricing

Form and content

Classes of shares

Transfer

Chapter 5 Foreign Investment and the New

Company Law

by Ms Song Yianni

General aims of the company law

Corporate structure

Registered capital

Organizational structure

Shareholders

Withdrawal of capital

Capital distribution

Common welfare fund

Companies existing prior to the company law

Duration of companies

conflict of laws

Conclusion

Chapter 6 The Regulation of Secured Transactions

in Emerging Chinese Stock Markets

by Chen Daigang

Regulatory framework of the securities market

Enactment of the securities laws and regulations

Implementation of the securities law and regulations

Liability according to the securities law and regulations

Enterprise debentures

Share transactions

Securities fraud

Chapter 7 Legal Structure of the Securities Market

in China

by Nie Qingping

Development of the Chinese securities market

Regulatory framework of securities

The state's role

Self-regulation of the stock exchanges

Issuing and listing of requirements

Disclosure of information of listed companies

Fiduciary duties of management personnel

Conclusion

Chapter 8 Regulating Business - Tax Reform and

the Open Door Policy in China

by Zhang Xianghai

Economic reform

Tax reform

Turnover taxes

Enterprise income tax reform

Reform of other taxes

Chapter 9 Recent Developments in International

Arbitration Law

by Xiao Zhiming

Introduction

jurisdiction

Arbitration agreements within the contract

Arbitration commission and its sub-commission

Disclosure of interests

investigation and collection of evidence

Waiving the right to object

Stress on conciliation

Due process

issuing, amending and supplementing awards

Summary procedure

Language of arbitration

Some conclusory comments

Chapter 10 Structure of arbitration in China -

General View and Prospects

by Xun Lihai

Arbitration system in China

Arbitration institutions

Arbitration committee for international economy

and trade

Maritime arbitration committee disputes in China

Arbitration committee of international economic

contracts

Structure of the ACIET

Jurisdiction

Arbitration agreement

Execution of the arbitration award and the civil

procedural law

Criteria for non-foreign-related arbitration award

Criteria for the execution of foreign-related

arbitration award

Arbitration law of the People's Republic of China

Jurisdiction

Principle of free will

Timely settlements

Arbitrators and the arbitration institutions

Court supervision over arbitration

Chapter 11 Reflections on the Development of

Economic Law in the People's Republic of China

by Yue Xiang

Objectives of the Economic Reform

Legislation concerning economic development in

the 1980s

Establishment of basic civil legal norms

Establishment of a system of industrial

property rights

Preliminary establishment of the system of juridical

persons in enterprises

A system for contracts

External economic exchange and co-operation

A system for administrative litigation

Legislation concerning economic development in

the 1990s

Company law

Labour law

Copyright law

Law of the management of urban real estate

Law of the Bank of China

Law of unfair competition and the consumer law

Law of external trades and the law of marine trade

Arbitration law

Legislative plans for the present and future years