CIS Microfiche Library 1970-2002 (CIS Asia Pacific Collection)

 CIS NO: 85-H361-31
 TITLE: China's Developing Legal Structure for Trade and Commerce.
 SOURCE: Committee on Energy and Commerce. House
 DOC TYPE: Hearing                   COLLATION: iii+500 p.
 DATE: Sept. 6, 12, 1984
 CONGRESS-SESSION: 98-2              SUDOC: Y4.En2/3:98-156
 ITEM NO: 1019-A; 1019-B
 LC CARD NO: 87-600726               MC ENTRY NO: 85-11718

 Committee Serial No. 98-156. Hearings before the Special Subcom on U.S.
 Trade with China to examine China's developing legal structure for foreign
 trade and commerce.
 CONTENT NOTATION: Chinese legal structure for trade and commerce
 DESCRIPTORS (and special content notations): SUBCOM ON U.S. TRADE WITH
     CHINA, SPECIAL. HOUSE; CHINA, PEOPLE'S REPUBLIC (Foreign trade and
     commerce legal structure); EAST-WEST TRADE; TRADE REGULATION;
     FOREIGN.LAWS; COMMERCIAL LAW; ADMINISTRATIVE LAW AND PROCEDURE;
     GOVERNMENT.AND.BUSINESS

 85-H361-31 TESTIMONY NO: 1         Sept. 6, 1984 p. 2-72
 WITNESSES (and witness notations):
     HSIA, TAO-TAI (Chief, Far Eastern Law Div, LC)
     THEROUX, EUGENE A. (chm, legal committee, Natl Council for US-China
        Trade)
     BYRNE, JOHN J. (atty)
 STATEMENTS AND DISCUSSION: Overview of recent Chinese economic laws
     affecting foreign trade, and efforts to develop additional legislation;
     explanation and implications for U.S. companies of China's new patent
     law (text, p. 46-54; texts of earlier patent laws and regulations, p.
     55-64).
 CONTENT NOTATION: Chinese legal structure for trade and commerce
 DESCRIPTORS: NATIONAL COUNCIL FOR U.S.-CHINA TRADE; LIBRARY OF CONGRESS;
     PATENTS

 85-H361-31 TESTIMONY NO: 2         Sept. 6, 1984 p. 72-267
 WITNESSES (and witness notations):
     COHEN, JEROME A. (atty)
     WILLIAMS, S. LINN (vp and gen counsel, Sears World Trade, Inc)
     LUBMAN, STANLEY B. (atty)
 STATEMENTS AND DISCUSSION: Legal aspects of foreign investment in China;
     problems encountered by foreign companies negotiating equity joint
     venture contracts under China's 1983 Implementing Regulations (related
     article, p. 184-188).
       Analysis of commercial and political investment risks in China;
     assessment of investment risk reduction methods, including contracts and
     insurance; examination of trade and investment dispute settlement
     mechanisms in China.
 INSERTIONS: 
     a. Cohen, J. A., "Some Problems of Investing in China" Dec. 21, 1982
        (p. 108-159).
     b. Cohen, J. A., "Negotiating Complex Contracts with China" chapter in
        Business Transactions with China, Japan and South Korea, 1983 (p.
        160-183).
     c. Cohen, J. A., "Role of Arbitration in Economic Co-operation with
        China" excerpt from Foreign Trade, Investment and the Law of the
        People's Republic of China, 1984 (p. 189-211).
 CONTENT NOTATION: Chinese legal structure for trade and commerce
 DESCRIPTORS (and special content notations): FOREIGN.INVESTMENTS; CAPITAL
     FORMATION (Chinese equity jt venture contracts with foreign cos);
     NEGOTIATIONS; ARBITRATION AND MEDIATION; FOREIGN.ECONOMIC.RELATIONS
     ("Role of Arbitration in Economic Co-operation with China"); INSURANCE

 85-H361-31 TESTIMONY NO: 3         Sept. 12, 1984 p. 270-351
 WITNESSES (and witness notations):
     YIN, RICHARD Y. (prof, Inst for Sino-Soviet Studies, George Washington
        Univ)
     GELATT, TIMOTHY A. (atty)
 STATEMENTS AND DISCUSSION: Role of special economic zones (SEZs) in
     Chinese economic policy; considerations involved in SEZ investment;
     legal aspects of SEZ investment applicable to U.S. companies;
     examination of Shenzhen Province SEZ regulations governing contracts and
     technology transfer.
 INSERTION: 
     -- Gelatt, T. A., "China's Special Economic Zones: The Regulatory
        Framework, Problems and Prospects" Dec. 21, 1982 (p. 306-341).
 CONTENT NOTATION: Chinese legal structure for trade and commerce
 DESCRIPTORS (and special content notations): FREE PORTS AND ZONES;
     ECONOMIC.POLICY (Chinese spec economic zones, economic policy role);
     FOREIGN.INVESTMENTS; SHENZHEN PROVINCE, CHINA (Spec economic zone
     regulations review); PRIVILEGES AND IMMUNITIES (Chinese spec economic
     zones); FINANCIAL REGULATION; TECHNOLOGY TRANSFER

 85-H361-31 TESTIMONY NO: 4         Sept. 12, 1984 p. 351-500
 WITNESSES (and witness notations):
     SOBLE, STEPHEN M. (atty)
     JONES, WILLIAM C. (prof, Wash Univ Law School)
     HANSELL, HERBERT J. (former Legal Adviser, State Dept; chm, committee
        on the People's Republic of China, section of intl law and practice,
        ABA)
 STATEMENTS AND DISCUSSION: Description of Chinese conciliation and
     arbitration procedures for resolution of commercial disputes, including
     procedures and policies of the Foreign Economic Trade Arbitration
     Commission; description of Chinese civil court system and procedures of
     potential significance for American businesses; role of lawyers in
     U.S.-China trade.
 INSERTIONS: 
     a. Jones, W. C., "Collection of Civil Law Cases from the People's
        Republic of China" Review of Socialist Law, 1984, translation of
        cases published by Sichuan Province Supreme People's Court, Mar. 1983
        (p. 389-412).
     b. Jones, W. C., "Translation of the Fourth Draft Civil Code (June
        1982) of the People's Republic of China" Review of Socialist Law,
        1984 (p. 413-477).
 CONTENT NOTATION: Chinese legal structure for trade and commerce
 DESCRIPTORS (and special content notations): ARBITRATION AND MEDIATION;
     CHINA, PEOPLE'S REPUBLIC, FOREIGN ECONOMIC TRADE ARBITRATION
     COMMISSION; COURTS; CIVIL PROCEDURE; LAWYERS (China-US trade, role
     of lawyers); CASE LAW ("Collection of Civil Law Cases from the
     People's Republic of China"); SICHUAN PROVINCE, CHINA ("Collection of
     Civil Law Cases from the People's Republic of China")