title: Legal policy and the People’s Republic of China’s legislation of reform and opening-up period
metadata.name: dc.contributor.author
metadata.value: Troshchinskiy, Pavel V.
metadata.lang: -
metadata.name: dc.date.accessioned
metadata.value: 2020-09-09T13:12:55Z
metadata.lang: -
metadata.name: dc.date.available
metadata.value: 2020-09-09T13:12:55Z
metadata.lang: -
metadata.name: dc.date.issued
metadata.value: 2019-06
metadata.lang: -
metadata.name: dc.identifier.citation
metadata.value: Troshchinskiy, Pavel V. 2019. Legal policy and the People’s Republic of China’s legislation of reform and opening-up period. Pravovedenie 63 (2): 285–308.
metadata.lang: en_GB
metadata.name: dc.identifier.other
metadata.value: https://doi.org/10.21638/spbu25.2019.206
metadata.lang: -
metadata.name: dc.identifier.uri
metadata.value: http://hdl.handle.net/11701/19368
metadata.lang: -
metadata.name: dc.description.abstract
metadata.value: The article is devoted to the study of the peculiarities of the legislative policy in the sphere
  of regulation of economic transformations carried out by the Chinese authorities since 1978.
  The leaders who came to power after Mao Zedong’s death and the end of the “cultural revolution” (1976) instigated widespread reforms, which are better known as the policy of “reform
  and opening-up” in China. The course of “four modernizations” was proclaimed in the country,
  law-making activity was resumed which had been interrupted by various destructive political
  campaigns for two decades (1956–1976). The changes were realized without a breakup of the
  essential foundation of the new Chinese statehood, formed in October 1949. When China returned to the epicenter of global geopolitics, the world was shown not only a unique model of
  economic development, but one that differed from the West. At the same time, China followed
  a peculiar path of legal development. With no multiparty system, separation of powers, checks
  and balances, the transformation of the country into a legal state on the European model, the
  constitutional consolidation of the priority of international law over national, etc., China managed to achieve amazing economic results. Over the years of reforms, China has proved to the
  world the possibility of an alternative, in comparison to the West, and no less progressive legal
  regulation models of the economic sphere. Thanks to the national-oriented legal policy, which
  supposes the priority of protecting state interests, the Chinese reformers managed not only to
  attract significant investments from abroad and new Western technologies to the country, but
  also gained absolute control over them, including the mass registration of intellectual property
  rights of foreign businesses to their citizens. In the pursuit of quick profits, foreign businesses
  have not paid due regard to the particularities of the current Chinese legislation, which “were
  happy to” let allows foreigners into their territory, but prevented the free export of legitimate
  profits out of the country. Now, against the backdrop of an unfolding trade and economic war
  between China and the United States, an increasing number of foreign entrepreneurs are thinking about the transfer (return) of their production from China to other countries. It will not be
  easy to do and in some sectors of the economy it is no longer possible. The vagueness and
  non-specificity of Chinese regulations is an excellent basis for the introduction of any restrictive
  measures against a foreigner wishing to export his capital and material means of production.
  The basis of legal policy and legislation governing “reform and opening-up” were formed at the
  beginning of their realization. Now the West, which has been actively helping China to rise for
  last 40 years, can only “reap the fruits” of its own foreign policy strategy.
metadata.lang: en_GB
metadata.name: dc.language.iso
metadata.value: ru
metadata.lang: en_GB
metadata.name: dc.publisher
metadata.value: St Petersburg State University
metadata.lang: en_GB
metadata.name: dc.relation.ispartofseries
metadata.value: Pravovedenie;Volume 63; Issue 2
metadata.lang: -
metadata.name: dc.subject
metadata.value: China law
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: legal system
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: legislation
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: legal regulation
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: legal policy
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: legal experiment
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: economic reforms
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: state security
metadata.lang: en_GB
metadata.name: dc.title
metadata.value: Legal policy and the People’s Republic of China’s legislation of reform and opening-up period
metadata.lang: en_GB
metadata.name: dc.type
metadata.value: Article
metadata.lang: en_GB
resources.filename: 285-308.pdf
resources.url: https://dspace.spbu.ru/bitstream/11701/19368/1/285-308.pdf
resources.format: Adobe PDF
resources.size: 905,56 kB