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Contextualizing Legal Norms: A Multi-Dimensional View of the 2014 Legal Capital Reform in China

Shuangge Wen Orcid Logo, Jingchen Zhao

European Business Organization Law Review

Swansea University Author: Shuangge Wen Orcid Logo

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Abstract

This paper intends to shed light on the contentious theme of the reception of legal transplantation in the host environment, by examining the 2014 legislative reform of legal capital in China, which at least on paper imitates the enabling settings of U.S. Revised Model Business Corporation Act (RMBC...

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Published in: European Business Organization Law Review
ISSN: 1566-7529 1741-6205
Published: 2017
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa33205
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Abstract: This paper intends to shed light on the contentious theme of the reception of legal transplantation in the host environment, by examining the 2014 legislative reform of legal capital in China, which at least on paper imitates the enabling settings of U.S. Revised Model Business Corporation Act (RMBCA). The paper looks at the interconnections between national-specific contextual elements, the resultant complexities, and the spillover effects of transplanted configurations in the unique Chinese socio-cultural setting, and suggesting the importance of gaining a holistic understanding of “law” involving the legal traditions in both the donor country and the recipient nation.
Keywords: Legal Transplantation, Legal Capital, China,
College: Faculty of Humanities and Social Sciences