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Contentious Modes of Understanding Chinese Commercial Law

Zhou, Tianshu; Siems, Mathias

Authors

Tianshu Zhou

Mathias Siems



Abstract

Is Chinese commercial law simply a copy of German and other Western commercial laws, a “mystery” that Westerns cannot understand, or an “irrelevance” given the role of culture and politics in China? This article critically discusses these three modes of understanding. It is found that, while they seem to have some initial plausibility, one also has to be aware of their shortcomings. Thus, in the understanding of Chinese commercial law, it is most appropriate to take into account all three modes, as well as their limitations. This article also suggests approaching this topic as a “bilateral process” since the understanding of Chinese law also depends on the way Chinese law-makers understand Western legal systems.

Citation

Zhou, T., & Siems, M. (2015). Contentious Modes of Understanding Chinese Commercial Law. Journal of international commercial law, 6(2), 177-200

Journal Article Type Article
Publication Date Mar 1, 2015
Deposit Date May 2, 2015
Journal Journal of international commercial law.
Print ISSN 1476-7546
Publisher George Mason University School of Law in Arlington, Virginia
Peer Reviewed Peer Reviewed
Volume 6
Issue 2
Pages 177-200
Publisher URL http://www.georgemasonjicl.org/wp-content/uploads/2015/08/6_Geo_Mason_J_Intl_Com_L_153_2015-3.pdf#page=29


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