Joint venture laws and practice in the People's Republic of China (Late 1979 to the end of 1992)

Geng Liu

This dissertation is a study of China's efforts in drafting and implementing laws and policies for establishing foreign joint ventures between late 1979 and the end of 1992. The study investigates the relationship between state's such efforts and its dual goals designed to obtain foreign capital and advanced technology while simultaneously maintaining the socialist control. The study closely focuses on the strong impact of the domestic economic reform within which the laws evolved on the creation and development of the state dual goals and the corresponding legislative guidelines. The thesis also attempts to analyse the complex and puzzling internal relationship between the published and unpublished laws, central laws and local rules as well as laws and policies. It explores the great adaptability and flexibility involved in the Chinese joint venture legislation and implementation process. Throughout, the study particularly emphasises the implementation problems and explores the fact that the effectiveness of laws and policies on the way to achieving the state dual goals has been largely influenced and hindered by the special conditions and the economic system during the period when China transformed its socialist planned economy into a capitalist market economy. This thesis approaches its subject-matter from the perspective of the Chinese experience of and strategy for joint ventures with foreign investors. It represents an attempt to provide a critical account of both, from what might be called an internal point of view, as the author's experience included several years working as a lawyer in joint venture legal practice in the People's Republic of China.

Joint venture laws and practice in the People's Republic of China (Late 1979 to the end of 1992)

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