Cabrelli, David

Reid, Elspeth

Zhou, Tian Shu

2012-09-14T14:28:12Z

2012-09-14T14:28:12Z

2012-06-26

There are two tasks of this dissertation. Firstly, it will make a contribution from a theoretical perspective. Some Western scholars conclude that rules and institutions transplanted from Western jurisdictions have not worked well in the Chinese legal system so far. This is because the level of consistency between the transplanted rules or institutions and the local context is still at a low level. However, this dissertation takes a different position. By solving a series of unanswered questions, it will make a theoretical contribution to the scholarship on comparative corporate governance in the context of the transitional economy. By and large, it will answer the question: "why can China, as representative of a transitional economy, not escape from the faith of legal transplant in its legal reform of corporate governance". Secondly, this dissertation will make a contribution from a practical perspective. Many Chinese lawyers and Western scholars complain that Chinese company law is suffering deeply from the problem of ambiguity. Indeed, it is poorly and inconsistently drafted. There is, nevertheless, no systematic study on how to solve this problem in a pragmatic manner. In light of the proposed theoretical research, this dissertation will provide an important response on this issue. It rebuilds the director's fiduciary duties and shareholder's fiduciary duties by inserting some workable legal rules from the UK into the existing legal regime in China.

http://hdl.handle.net/1842/6416

en

The University of Edinburgh

Zhou. T.S, 'Dongshi Chengxin Yiwu de Goujian: Yingguo Gongsi Fa de Qishi' [Formulating Director's Fiduciary Duties in Chinese Context: Some Lessons Provided by the UK Law] (2009) 04 Beijing Gongshan Daxue Xuebao [Journal of Beijing Technology and Business University] 105

Chinese legal system

corporate governance

company law

shareholder duties

directors duties

China's legal reform of corporate governance: from theoretical research to practical solutions

Thesis or Dissertation

Doctoral

PhD Doctor of Philosophy