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The Institution of Contracts in the Chinese People's Republic (Part 1)*

Published online by Cambridge University Press:  17 February 2009

Extract

This article is concerned with the nature, functions and scope of the institution in the People's Republic of China that is commonly referred to as contracts. The paper as a whole ultimately focuses on three problems: (1) the nature of this institution; (2) whether this institution, if it is of a different nature from the Western contract, performs tasks in the Chinese context not unlike those of the institution of contracts in the West: and (3) how it performs those tasks.

Type
The Intellectuals (IV)
Copyright
Copyright © The China Quarterly 1963

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References

1 Berman, Harold J., “Commercial Contracts in Soviet Law,” California Law Review, xxxv, 06 1947, p. 211.Google Scholar

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26 Ibid. p. 27.

27 See generally Hughes, T. J. and Luard, D. E. T., The Economic Development of Communist China, 1949–58 (London: Oxford Un. Press, 1959) Chap. 1Google Scholar; and see Tawney, R. H., Land and Labour in China (New York: Brace, 1932)Google Scholar; and see for a brief sketch of the overall economic development of the People's Republic and the problems it has encountered Li, Choh-ming, “The First Decade, Part II, Economic Development,” The China Quarterly, No. 1, 0103 1960, pp. 3550.CrossRefGoogle Scholar

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34 Ibid. p. 7, Article 28.

35 Ibid. p. 7, Article 29.

36 Ibid. p. 8, Article 30.

37 Ibid. p. 8, Article 33.

38 For brief summaries of the impact of the Common Programme see Hsia, Ronald, Economic Planning in Communist China (New York: The International Secretariat, Institute of Pacific Relations, 1955), pp. 79 and 7475Google Scholar; and see Kuo-chün, Chao, Economic Planning and Organisation in Mainland China (Cambridge: Center for East Asian Studies, 1959), I, pp. 56.Google Scholar

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68 See supra.

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99 See below.

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101 Ibid. p. 201.

102 See below with regard to such use in the next period.

103 See below for a discussion of general, sub- and direct “contracts.”

104 Ch'un-hsu, Yang, and Cheng-jui, Li, “Apply the Contract System Extensively,” Ta-kung Pao, 02 20, 1959Google Scholar, translated in SCMP, No. 1980, pp. 8–29. While this article is primarily concerned with a later period, remarks in the article lay a basis for inferring as to the state of affairs prior to 1958, e.g., see pp. 9–10.

105 Quoted in ibid. pp. 8–9.

106 See generally Hughes and Luard, The Economic Development, op. cit., Chaps. V and VI; and see Li, “The First Decade,” op. cit.

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125 Ibid. particularly pp. 17–18 and 20.

129 Ibid. particularly p. 23; see also “Production Contracts Must Follow the Mass Line,” Nan-fang Jih-pao, 05 14, 1959Google Scholar, translated in SCMP, No. 2025, pp. 17–20.

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133 These provisions are discussed in “Carry out More Properly the Investment-by-Contract System,” People's Daily, 03 12, 1960Google Scholar, translated in SCMP, No. 2220, p. 3.

134 Idem. see also Tsung, Chi, “Preliminary Experience in the Contract System of Investment,” Ts'ai-cheng (Finance), No. 9, 09 5, 1958, translated in ECMM, No. 147, pp. 6871Google Scholar; and “Ministries of Metallurgical Industry and Finance Point out at Conference that Contract Investment System is the Correct Direction for Capital construction Management,” NCNA, Peking, 07 14, 1958Google Scholar, translated in SCMP, No. 1822, pp. 45Google Scholar; and see generally “Investment in Capital Construction Must be Placed on a Contract System,” People's Daily, Peking, 07 15, 1958Google Scholar, translated in SCMP, No. 1822, pp. 24.Google Scholar

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140 Hsia Yun, “Investment Contract System, a Revolution in the Management of Capital Construction, Red Flag (Hung Ch'i), No. 6, 03 16, 1960Google Scholar, translated in ECMM, No. 207, pp. 2228Google Scholar; and see “Promote Investment-by-Contract System for Capital Construction in Shanghai,” Chiek-fang Jih-pao, 05 5, 1960Google Scholar, translated in JPRS, No. 5485, pp. 3537.Google Scholar

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