Liu Y. —
Economic legal system of PRC as the context of establishment of the Chinese investment law
// Genesis: Historical research. – 2017. – ¹ 6.
– P. 20 - 28.
DOI: 10.7256/2409-868X.2017.6.22953
URL: https://en.e-notabene.ru/hr/article_22953.html
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Abstract: This article analyzes the Chinese normative, doctrinal, and historical legal material regarding the questions associated with the establishment of the investment law in PRC. The author determines the states of economic development of China, key positions and spheres of the open policy reform, peculiarities of China’s economic development, trends of development of China’s economic legal system, as well as normative legal foundation of the investment law. Due to the differences in prevalence of one or another ideology affecting the development of economic system at various stages, in the structural sense, content, and management of economic and legal systems, the mechanisms of implementation alongside the impact of economic legal system significantly vary at each stage. The author underlines that since the establishment of People’s Republic of China in 1949, the Chinese economic legal system has undergone multiple and constantly transforming stages, which illustrate different peculiarities at each of the stages that manifest as a result of interaction between the changing economic system and legal ideology. For the first time in Russia is examined and generalized the experience of legal development of the investment legal relations in China, which are of great importance for the assessment and improvement of PRC’s legislation in the field of investment activity.
Liu Y. —
Theoretical legal aspects of integration and their impact upon the atmosphere of PRC’s investment law
// Law and Politics. – 2017. – ¹ 4.
– P. 65 - 73.
DOI: 10.7256/2454-0706.2017.4.43066
URL: https://en.e-notabene.ru/lamag/article_43066.html
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Abstract: The subject of this article is the globalization and integration processes, which affect the overall atmosphere of development of China’s investment law. The author believes that globalization is the actual foundation of integration of the modern international economic activity. Integration, in turn, manifests as the highest level of international interaction on the basis of globalization. Due to these processes, there is a need to create a universal multilateral international investment agreement that will be the foundation for the international investment activity, as well as conduce the uniformity in the area of legal regulation of the investment relations. Using the historical, logical, and formal method alongside the comparative legal approach, the author conducts the analysis of development of PRC’s investment law in the context of globalization and integration processes. Based on the examination of development of legal regulation of the WTO’s investment relations and content of the national legal acts of modern China, a conclusion is made that the normative legal acts in the area of investment activity in modern China still has multiple flaws; and thus, it is necessary to carry out major reforms and create a new system of the investment law.