Chinese Methods for Settling Economic Disputes Concerning Foreigners and Their Legal Bases

Abstract

This translation of an original Chinese language work by Xiao Yongzhen discusses the legal authority Chinese courts rely on in addressing economic disputes arising from foreign investment and joint-venture agreements in the People's Republic of China. The translation details specific legal mechanisms used in China, as well as distinct Chinese legislation and practices relied upon to amicably resolve contractual disputes between private parties involving foreign interests in China. Translators' Introductory Note: The style of Chinese law review articles differs somewhat from that of American law reviews; therefore this translation should be read with those differences in mind. Chinese law review articles tend to be more expository rather than analytical as compared to American law reviews. Writing in the context of a civil law system, Chinese legal scholars rarely cite case law as authority. Constitutional and statutory authorities are commonly cited within the text of the article rather than through footnotes. The original text of this article does not contain any footnotes. Footnotes have been added by the translators to clarify or explain certain ambiguities in the text, provide specific citations, and to offer further information.