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Introduction: Theoretical Development and Extension of Horizon

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The New Horizon of China's Economic Law Theory

Part of the book series: Understanding China ((UNCHI))

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Abstract

Since its implementation of the reform and opening-up policy in 1978, China has witnessed continuous development of economy, society and other undertakings, as well as constant improvement of its economic law system.

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Notes

  1. 1.

    There are abundant summaries of China’s economic law theory, since the Chinese legal scholars tend to review and predict the development of China’s economic law theory every ten years or so. For example, Wang et al. (1999), Issue 1; Yue (2008), Issue 5. Some scholars study China’s economic law theory in historical terms, e.g., Xiao (2002a).

  2. 2.

    China’s economic law theory involves separate studies on the status and function of macro-control law, the problems about state-owned enterprises, system transition from planned economy to market economy, and administrative monopoly, which distinguish it from the economic law theories in the traditional market economies and other transitional countries.

  3. 3.

    Economic law scholars often talk about the contributions of China’s economic law study to the overall legal science. According to Prof. Li Changqi, theoretical innovations should be counted as the biggest contribution of China’s economic law study, since they have enriched and extended the basic theories of legal science. See Li (2009a), Issue 5.

  4. 4.

    Just like J. M. Keynes had said “ideas shape the course of history”. The ideological transformation is of tremendous impact on China’s reform and opening up, and development of economic law theory, it is also important for further development of China’s legal science on the whole.

  5. 5.

    Quite a number of Chinese civil law scholars joined in this debate. See Jiang (1979), Issue 4; Xie (1984), Issue 2; Tong (1984), Issue 2; Wang (1984), Issue 3.

  6. 6.

    It refers to the Decision of the Central Committee of the CPC on Reform of the Economic System adopted in October 1984, which is a prelude to the subsequent “reform decisions”. See Zhang (2013), Issue 2.

  7. 7.

    Zhang (2000), Vol. 1.

  8. 8.

    The Chinese academic community has reached consensus on the doctrines deriving from these “representative theories”. Xiao (2002b), pp. 288–296.

  9. 9.

    Most of the “representative theories” were established during this period. See Yang (1995), Issue 1; Yang (1994), Issue 2; Li (1995); Qi (1996); Liu (1995).

  10. 10.

    Zhang et al. (1995), Issue 4.

  11. 11.

    Wang (1993), Issue 2; Research Group of the Institute of Law at Chinese Academy of Social Sciences (1993), Issue 6; Zhang (1992), Issue 5; Zhang (1993), Issue 1.

  12. 12.

    The Organization Law of the People’s Court of the People’s Republic of China, though revised in 2006, retains the provisions for setting an economic tribunal. How to give full play to the economic tribunal so as to better solve the problem of justiciability of economic law? It is still worth studying.

  13. 13.

    Qiu (2005), Issue 6; Zhang (2006), Issue 3.

  14. 14.

    The formation of these “theoretical plates” helps to build a theoretical system of economic law; and timely update of their content is able to restructure the economic law theory. Zhang (2004).

  15. 15.

    The innovations in China’s economic law theory mainly refer to the non-traditional analysis of the ontology, axiology, normative theory, operational theory and methodology in economic law from a modern legal perspective. Li (2009b), Issue 5.

  16. 16.

    Zhang (2009), Issue 6.

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  1. School of Law, Beijing Univeristy, Beijing, China

    Shouwen Zhang

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Zhang, S. (2020). Introduction: Theoretical Development and Extension of Horizon. In: The New Horizon of China's Economic Law Theory. Understanding China. Springer, Singapore. https://doi.org/10.1007/978-981-15-8824-2_1

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  • DOI: https://doi.org/10.1007/978-981-15-8824-2_1

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  • Print ISBN: 978-981-15-8823-5

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