Contemporary Chinese Civil and Commercial Law – serie

This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective.

This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective.

This book explores the circumstances where the use of trade secrets may constitute the abuse of market dominance under competition law. While it is imperative to protect trade secrets, noteworthy is that the exploitation of trade secrets may lead to anti-competitive concerns and may require antitrust intervention.

In other words, this book likes to describe the real judicial practice in China and summarize how Chinese lawyers understand and facilitate the production of civil judgments.Moreover, this book intends to focus on the adjudicative techniques in the civil litigation, which should constitute the mutual basis of most civil justice.

These factors collectively contribute to a distinctive environment that cannot be fully understood through conventional theoretical frameworks.The major analytical points of the book revolve around the intricate triangular relationships among China's politics, financial market rules, and the financial markets themselves.

The book highlights several aspects with 'Chinese characteristics' that set the country's financial system apart. One key element is the significant influence of the Communist Party of China (CPC) on the financial markets. The Party plays a crucial role in shaping and driving policies within the financial sector, reflecting a distinct interplay between politics and finance. Additionally, the book emphasizes the involvement of various authorities within the government, the court system, and the intricate relationship between the courts and the governments in influencing the dynamics of the financial markets. These factors collectively contribute to a distinctive environment that cannot be fully understood through conventional theoretical frameworks.The major analytical points of the book revolve around the intricate triangular relationships among China's politics, financial market rules, and the financial markets themselves. The authors argue that relying solely on any existing school of thoughts is insufficient for comprehending the complexities of China's financial landscape. Instead, the book explores the multifaceted connections between politics, courts, and the financial markets. It delves into how political forces drive the formulation, development, and enforcement of financial market rules, including the roles played by various government bodies and the legal system. Unlike a focus on regulations and rules merely 'on paper,' the book takes a grounded approach by investigating China's financial markets rules in practical terms. By doing so, it seeks to discover the underlying logic behind the unique features of China's financial system, providing a nuanced understanding of the interactions between political forces, legal frameworks, and the financial markets in the Chinese context.

This book studies an overarching question of the challenges faced by Chinese lawmakers, Chinese listed companies, Chinese companies’ external advisers, and securities regulators in dealing with Chinese cross-border listed companies’ continuous disclosure in Australia, and how can these challenges be addressed.