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Main Data
Author: Shoushuang Li
Title: The Legal Environment and Risks for Foreign Investment in China
Publisher: Springer-Verlag
ISBN/ISSN: 9783540483779
Edition: 1
Price: CHF 119.00
Publication date: 01/01/2007
Content
Category: Recht/Jurisprudenz
Language: English
Technical Data
Pages: 320
Kopierschutz: DRM
Geräte: PC/MAC/eReader/Tablet
Formate: PDF
Table of contents

The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.

Table of contents
Foreword5
Preface6
Investment in China: The Opportunities Co-exist with Risks6
Acknowledgements9
Table of Contents10
Abbreviations17
1 Introduction: The Legal Risks of Foreign Investment in China19
1.1 Definition of Legal Risk of Foreign Investment19
1.2 Macro-analysis of Legal Risks in Investment Institutions23
1.3 Macro-analysis of the Risks Arising from Foreign Investors Behavior41
Part One: Legal Risks of Foreign Capital Entry45
2 The Legal Risks of Green Field Foreign Investment46
2.1 Case Study: Legal Risks Behind the Curtain of Carley46
2.2 The Risk in Partners Choosing50
2.3 Risks of Registered Capital Contribution54
3 The Legal Environment and Risks for M54
6354
3.1 Macro-Analysis of Current Legal Environment for M54
6354
3.2 Micro-analysis of Current Legal Environment of M54
7354
3.3 The Legal Risks of Foreign-Funded M54
8454
Appendix: Laws and Regulations Regarding M54
9054
4 Modes and Risks for Foreign Investments in Restricted Industries101
4.1 Industry Entry Rules for Foreign Capital101
4.2 Dancer in Shackles: Modes of Foreign Investment in Restricted Industries107
4.3 The Legal Risk of the Modes for Foreign Investment in Restricted Industries114
4.4 The Outline of Anti-risk Measures for Foreign Investment in Restricted Industries119
Part Two: Legal Risks in Operation of Foreign- Invested Enterprises122
5 Changeable Government: Political Risks for Foreign Investment123
5.1 Nationalization and Expropriation123
5.2 The Risk of Changes to Economic Policies129
5.3 The Risks Coming from Local Government139
6 Corporate Governance Troubles in Sino- foreign Joint Ventures142
6.1 Difficulties in Managing Legal Entities Shown in the Upsurge of Foreign- Invested Enterprises142
6.2 General Situation of Corporate Governance Modes of Joint Ventures145
6.3 Review of Legal Risks Arising from Sino-foreign Joint Venture Corporate Governance152
6.4 Can Sino-foreign Joint Ventures Tend Towards Harmony?158
7 Tax Risks Under the New Tax Law Environment163
7.1 Introduction163
7.2 Cat and Mouse Game Between Tax Evasion and Anti- tax Evasion163
7.3 Anti-tax Evasion Action Upgrading in China168
7.4 Unification of Income Tax and Its Risks for Foreign Investment172
Appendix I: Tax Law Applicable to Foreign-Invested Enterprises175
Appendix II: Current Chinese Foreign-Invested Enterprise Income Tax System182
8 Land Use Right Risks in Foreign Investment187
8.1 Introduction187
8.2 Legal Issues in Foreign-Invested Enterprises Use of Land188
8.3 Land Risks in Foreign Investment193
9 Labor Legal Risks of Foreign-Invested Enterprises206
9.1 Labor Legal Risks Shown in Trade Union Disputes206
9.2 Overview on Foreign-Invested Enterprise Labor Law Rules210
9.3 Insight into Foreign-Invested Enterprises Labor Risks214
9.4 Legal Risks Arising from Controversial Chinas Draft Labor Contract Law220
Part Three: Legal Risks for Foreign Investment in Specific Industries225
10 Modes and Legal Risks of Foreign Investment in Non- governmental Education in China226
10.1 Introduction226
10.2 Foreign Investment Modes of Non-governmental Education228
10.3 Summary of Legal System for Non-governmental Education233
10.4 Legal Risks for Foreign Investment in Non- governmental Education in China238
11 Legal Risks for Foreign Investment in Chinas Water Market249
11.1 Introduction249
11.2 BOT Mode of Foreign Investment in Water Industry253
11.3 Insight into Legal Risks for Foreign Investment in Chinese Water Market Under BOT Mode257
Appendix: Laws and Regulations on Foreign Investment in Chinas Water Market272
12 Legal Risks for Foreign Investment in the Insurance Industry274
12.1 Introduction of Foreign Investment in Chinas Insurance Industry274
12.2 Laws and Regulations on Foreign Investment in Chinas Insurance Industry279
12.3 Legal Risks for Foreign Investment in Chinas Insurance Industry286
Appendix: List of Chinese Insurance Laws and Regulations295
13 An Insight into Foreign Investment Dispute Resolution in China298
13.1 Insight into Commercial Dispute Resolution in China298
13.2 Characters of a Chinese-Style Judicial Decision- Making Process306
Appendix: A Typical Chinese Judicial Process311
13.3 Insight into Chinese-Style Arbitration313
13.4 Mediation in China317
14 Managing the Future Future The Strategy for Foreign Investment Under Power- Oriented Economy320
References324