The Crisis Of Distribution And The Regulation Of Economic Law

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The Crisis of Distribution and the Regulation of Economic Law

Author : Shouwen Zhang
Publisher : Routledge
Page : 400 pages
File Size : 54,8 Mb
Release : 2022-05-30
Category : Law
ISBN : 9781000319781

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The Crisis of Distribution and the Regulation of Economic Law by Shouwen Zhang Pdf

The crisis of distribution is one of the longest standing and complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. The two volumes examine the crisis of distribution that China faces and proposes policy and economic law methods that can be used to overcome the distribution dilemma. The author discusses the four main concepts and focus points of the crisis of distribution – distribution itself, the crises it faces, the rule of law and development before proposing a theoretical framework of "system–distribution–development" to resolve distribution problems that China faces. The book should be of keen interest to researchers and students of law, economics, and political science.

The Crisis of Distribution

Author : Shouwen Zhang
Publisher : Routledge
Page : 229 pages
File Size : 47,9 Mb
Release : 2020-12-29
Category : Law
ISBN : 9781000295214

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The Crisis of Distribution by Shouwen Zhang Pdf

The crisis of distribution is one of the longest standing and most complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. In this two-volume set, the author analyzes distribution crises from a theoretical perspective and proposes law and policy solutions. In this first volume, he discusses the four main concepts and focus points of the crisis of distribution – distribution itself, the crises it faces, the rule of law, and development. Concentrating on the major distribution problems China faces in particular, the author proposes regulatory methods which can be used to overcome the distribution dilemma, such as tools from policy and economic law, and reiterates the significance of theory building in resolving the issues. The book should be of keen interest to researchers and students of law, economics, and political science.

Distributive Institutions

Author : Shouwen Zhang
Publisher : Routledge
Page : 153 pages
File Size : 44,7 Mb
Release : 2020-12-29
Category : Law
ISBN : 9781000295344

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Distributive Institutions by Shouwen Zhang Pdf

The crisis of distribution is one of the longest standing and most complicated issues facing human society. Imbued with social, political, historic, and cultural elements, it varies significantly across different countries as a result of all these factors. As an emerging economy which transferred from a planned to a market economy, China has experienced large distribution gaps since it implemented the Reform and Opening-up Policy in the early 1980s, requiring stronger economic law to mitigate and regulate the crisis of distribution. In this second volume, the author analyses crises of distribution from a theoretical perspective and proposes law and policy solutions. Believing that such crises are a collective result of systematic limitations, the author proposes a theoretical framework of “system–distribution–development” in order to resolve distribution problems and promote economic development. He argues that a crisis of distribution cannot be avoided without coordinated development of economic law and relevant constitutional, civil, and commercial law systems. In addition, it is necessary to differentiate the territories, industries, enterprises, and individuals that constitute such diverse systems. The book should be of keen interest to researchers and students of law, economics, and political science.

The New Horizon of China's Economic Law Theory

Author : Shouwen Zhang
Publisher : Springer Nature
Page : 324 pages
File Size : 45,6 Mb
Release : 2020-10-26
Category : Law
ISBN : 9789811588242

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The New Horizon of China's Economic Law Theory by Shouwen Zhang Pdf

​This book presents the development and reformation of economic law in China and explores the "three relationships" between the government and market, between reform and rule of law, and between the constitution and economic law. On this basis, it subsequently focuses on development theory, distribution theory, risk theory and crisis theory. Further, it addresses effective development, fair distribution, and prevention and resolution of related risks and crises, which are important functions of economic law. In order to achieve the above functions and objectives, the book argues, we must vigorously promote the integration of rule of law in economic law, and constantly refine the theory of economic rule of law employed in China.The book demonstrates that no matter how the "three major relationships" are adjusted or the relevant systems are reformed – i.e., regarding the implementation of the concept of coordinated development or the optimization of economic structures; the solution of distribution problems or the improvement of distribution systems; the prevention of risks or the response to crises – any such changes depend on economic rule of law. The above-mentioned theoretical discussion presents a "new horizon" of contemporary Chinese economic law theory, which will be of great value to the future development of economic law theory.

Law & Capitalism

Author : Curtis J. Milhaupt,Katharina Pistor
Publisher : University of Chicago Press
Page : 281 pages
File Size : 42,5 Mb
Release : 2008-09-15
Category : Law
ISBN : 9780226525297

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Law & Capitalism by Curtis J. Milhaupt,Katharina Pistor Pdf

Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.

The Financial Crisis Inquiry Report

Author : Financial Crisis Inquiry Commission
Publisher : Cosimo, Inc.
Page : 692 pages
File Size : 52,8 Mb
Release : 2011-05-01
Category : Political Science
ISBN : 9781616405410

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The Financial Crisis Inquiry Report by Financial Crisis Inquiry Commission Pdf

The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.

Wasting a Crisis

Author : Paul G. Mahoney
Publisher : University of Chicago Press
Page : 215 pages
File Size : 53,5 Mb
Release : 2016-11-11
Category : Law
ISBN : 9780226420998

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Wasting a Crisis by Paul G. Mahoney Pdf

In Securities Regulation Reassessed, Paul Mahoney shows that policy responses to financial crises are broadly similar across place and time: political actors, hoping to avoid blame for a financial crisis, create a narrative of market failure, arguing that misbehavior by securities market participants, rather than prior policy errors, is the primary cause of the crisis. Politically obliged regulators craft reforms that purport to solve problems which are either non-existent or only tangentially related to the crisis; yet they increase the complexity and expense of compliance, resulting in consolidation and concentration of market share in the hands of already leading financial firms. Securities Regulation Reassessed illustrates these points primarily but not exclusively with evidence from the New Deal-era securities reforms in the United States. Against the conventional wisdom that regards the New Deal reforms as successful, Mahoney provides substantial countervailing evidence, showing instead that Congress’s diagnoses were systematically inaccurate and its remedies reduced competition in the securities industry. Looking farther into history, the work treats several key episodes prior to the New Deal, including the English financial crises of 1697 and 1720 and the "blue sky” era of the 1910s and 1920s in the United States. Finally, Mahoney considers the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act of 2010 from the same analytical perspective. Mahoney finds a predictable pattern for efforts at securities reform: they require huge effort to enact, and yield little objectively measurable payoff and some objectively measurable harm.

Chinese Law of Personality Rights I

Author : Wang Liming,Shi Jiayou
Publisher : Taylor & Francis
Page : 177 pages
File Size : 44,5 Mb
Release : 2022-07-29
Category : Law
ISBN : 9781000607840

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Chinese Law of Personality Rights I by Wang Liming,Shi Jiayou Pdf

This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.

Chinese Law of Personality Rights II

Author : Wang Liming,Shi Jiayou
Publisher : Taylor & Francis
Page : 205 pages
File Size : 49,9 Mb
Release : 2022-09-30
Category : Law
ISBN : 9781000649307

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Chinese Law of Personality Rights II by Wang Liming,Shi Jiayou Pdf

This volume is a collection of articles on the codification experience of China’s Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

Law and Macroeconomics

Author : Yair Listokin
Publisher : Harvard University Press
Page : 281 pages
File Size : 40,9 Mb
Release : 2019-03-11
Category : Law
ISBN : 9780674976054

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Law and Macroeconomics by Yair Listokin Pdf

After 2008, private-sector spending took a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach, used in the New Deal, to harness law’s ability to function as a macroeconomic tool, stimulating or relieving demand as required under certain crisis conditions.

World Trade and Investment Law Reimagined

Author : Alvaro Santos,Chantal Thomas,David Trubek
Publisher : Anthem Press
Page : 422 pages
File Size : 55,7 Mb
Release : 2019-06-28
Category : Law
ISBN : 9781783089741

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World Trade and Investment Law Reimagined by Alvaro Santos,Chantal Thomas,David Trubek Pdf

World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

The Handbook of the Political Economy of Financial Crises

Author : Martin H. Wolfson,Gerald A. Epstein
Publisher : OUP USA
Page : 785 pages
File Size : 55,5 Mb
Release : 2013-02-21
Category : Political Science
ISBN : 9780199757237

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The Handbook of the Political Economy of Financial Crises by Martin H. Wolfson,Gerald A. Epstein Pdf

The Great Financial Crisis that began in 2007-2008 reminds us with devastating force that financial instability and crises are endemic to capitalist economies. This Handbook describes the theoretical, institutional, and historical factors that can help us understand the forces that create financial crises.

Constitutions in Times of Financial Crisis

Author : Tom Ginsburg,Mark D. Rosen,Georg Vanberg
Publisher : Cambridge University Press
Page : 342 pages
File Size : 40,6 Mb
Release : 2022-06-30
Category : Law
ISBN : 1108729207

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Constitutions in Times of Financial Crisis by Tom Ginsburg,Mark D. Rosen,Georg Vanberg Pdf

Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

Varieties of European Economic Law and Regulation

Author : Kai Purnhagen,Peter Rott
Publisher : Springer
Page : 892 pages
File Size : 52,6 Mb
Release : 2014-07-16
Category : Law
ISBN : 9783319049038

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Varieties of European Economic Law and Regulation by Kai Purnhagen,Peter Rott Pdf

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

Finance, Law, and the Crisis of COVID-19

Author : Nadia Mansour,Lorenzo M. Bujosa Vadell
Publisher : Springer Nature
Page : 231 pages
File Size : 48,5 Mb
Release : 2022-02-18
Category : Business & Economics
ISBN : 9783030894160

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Finance, Law, and the Crisis of COVID-19 by Nadia Mansour,Lorenzo M. Bujosa Vadell Pdf

This book analyzes the impact of Covid-19 in different areas such as corporate social responsibility and legislation in SMEs, insolvency law, behavioral finance, government interventions in markets, financial disclosure, the emergence of unregulated financial sectors, the increase of coronavirus-related crimes, and the development of banking regulations in the Covid-19 pandemic, among others. The coronavirus epidemic, which has spread throughout the world, has highlighted the inadequacies of the health and social systems of all states, even the most advanced. The health emergency has required extraordinary measures, especially at the level of laws that are essential for the preservation of lives, health, and livelihoods. The priority for governments and even the international community was, from the outset, to prevent infections and care for those affected. Such a strategy required an unusual increase in health spending, even though it exceeded the State's financial capacity and lacked fiscal space. In addition to this challenge, which has not yet been overcome, there is another, that of redressing the consequences of the measures taken (general containment). It should be pointed out that during health crises, the state may have to review the requirement for transparency because of the emergency, but not free itself from it. The urgency could never be an alibi for a violation of citizens' rights and freedoms. With urgency, financial management systems must be flexible and responsive to all occurrences, while ensuring optimal use of resources and minimizing the risks of fraud and corruption.