圖書內(nèi)容簡介

This book is written for the purpose of reflecting the amendment and
perfection of Chinese economic laws and regulations on foreign business
after China's entry into WTO. With the ends in view, this book provids in
depth analysis of Chinese legal system on trade in goods, trade in services,
and foreign investment. It highlights legal issues crucial to making trade and
investment decision such as conclusion of contracts, capital contribution,
dispute settlement, protection of intellectual property rights, foreign ex-
change control and other array of complex legal requirements.
This book is divided into seven chapters.
Chapter One focuses on introduction to legal system on foreign trade
and investment with the objective to illustrate framework, sources, and sub-
ject matter of Chinese legal system on foreign business, as well as its rela-
tionship with WTO agreements.
Chapter Two is about contract law on foreign business. As it is known to
all, all trade and investment activities between parties as companies and
enterprises at home and abroad are carried out by making various foreign-
related contracts. Contract law directly makes adjustment on trade and in-
vestment relationship between these parties to the contract since their rights
and obligations have been set in the contracts.
Chapter Three is on foreign trade law which mainly covers legal topics
including tariff, various non-tariff measures, and trade in services, espe-
cially financial institution.
Chapter Four focuses on fbreign investment law coveting a range of essen-
tial legal topics and rules, such as legal forms of foreign investment, legal
protection, administrative management, investment structure, securities
investment, investment liquidation and capital contribution control, etc.
Chapter Five is on intellectual property tights law related to trade, mainly
illustrating Chinese legal system on intellectual property protection, espe-
cially the scope and standard of protection.
Chapter Six focuses on regulations on foreign exchange control, which
makes analysis on foreign exchange management under both current item
and capital item.
The last chapter, Chapter Seven, focusing on trial system and judicial
review on civil and commercial cases with foreign elements, illustrates in
detail judicial jurisdiction and legal application in Chinese courts dealing
with foreign-related civil and commercial disputes.
In sum, on one hand, this book outlines China's current policy and legis-
lation development relating to foreign trade, investment, intellectual prop-
erty protection, taxation, foreign exchange control and so on. On the other
hand, it includes case studies of international business or investment trans-
actions between foreign investors and Chinese companies or enterprises.
The authors believe that this book would be a helpful reference for the exten-
sion of foreign business in China and hope that it would be an essential
guide for foreign corporations which plan to establish their business in China.

圖書目錄

CHAPTER 1
Introduction to Legal System on Foreign Trade and Investment
1.1 Framework and Sources of Legal System
on Foreign Trade and Investment /1
1.2 Subjects of Legal System
on Foreign Trade and Investment /4
1.3 Relation Between WTO Agreements
and Chinese Legal System /10
CHAPTER 2
Contract Law on Foreign Business in China
2.1 Types of Contracts on Foreign Business /15
2.2 Contracting Authority /16
2.3 Main Terms of Contracts /18
2.4 Conclusion and Forms of Contracts /21
2.5 Offer and Acceptance /24
2.6 Standard Terms under Fairness Principle /26
2.7 Special Terms of Contracts /26
2.8 Agency System under Contract Law /29
2.9 Void Contracts /32
2.10 Termination of Contracts /34
2.11 Assignment of Contracts /35
2.12 Liability for Breach of Contracts /36
2.13 Force Majeure /40
CHAPTER 3
Trade Law on Foreign Business
3.1 Foreign Trade Law /43
3.2 Customs Law /51
3.3 Law of Commodity Inspection /56
3.4 Rules of Origin /61
3.5 Other Non-Tariff Measures /66
3.6 Trade in Services /79
CHAPTER 4
Investment Law on Foreign Business
4.1 Legal Forms of Foreign Investment /101
4.2 Legal Protection of Foreign Investment /106
4.3 Legal Procedures for Establishment of Foreign
Investment Enterprises /111
4.4 Capital Contribution Control /114
4.5 Land Use Right /122
4.6 Regulations on Merger and Acquisition(M&A) /121
4.7 Measures for Liquidation of Foreign-Invested
Enterprises /133
4.8 Regulations on Securities Invested /143
4.9 Tax Law on Foreign Investment /154
CHAPTER 5
Intellectual Property Right Law Related to Trade
5.1 Patent Law /168
5.2 Trademark Law /172
5.3 Copyright Law /176
5.4 Regulation on Computer Program and Circuit Lay-out
Design /181
5.5 Rules on Trade Secret (Undisclosed Information) /186
5.6 Legal Procedures for Protection of IPR /188
CHAPTER 6
Regulations on Foreign Exchange Control
6.1 General Principles of Foreign Exchange Control /201
6.2 Foreign Exchange Control on Foreign Direct Investment /206
6.3 Foreign Exchange Control on Foreign Loans /208
6.4 Foreign Exchange Control on Securities Investment /211
CHAFFER 7
Trial System on Cases with Foreign Elements
7.1 Chinese Civil Procedure Law in General /215
7.2 Jurisdiction Rules on Cases with Foreign Elements /222
7.3 Choice of Law Rules on Cases with Foreign Elements /230
本書共有230頁