Event

Contrary to the main body of literature on law and development, the dominant position of law and development scholars with expertise on Chinese law or economy downplays the role of formal law in China’s economic development. This talk, however, demonstrates that there is still inadequate evidence to support this position. In addition to pointing out that there is a role for formal law in China’s economic development with respect to the enforcement of contracts and the protection of property rights, this talk also analyses the non-protective role of law. They include signaling and self-commitment. These roles of formal law have varying degrees of impact in different countries depending upon their political economy. This talk rejects the position that there is a role for the government in owning or managing SOEs or TVEs in China except for a period under distorted economic conditions. The role of the state, instead, should be in the provision of public goods including law and other welfare programs. The talk then draws some implications on human rights issues from China’s economic development and Party politics.

Guanghua Yu graduated from the University of Toronto with a JD and a SJD. He is Professor of Law and Director of the Centre for Chinese Law at the Faculty of Law of the University of Hong Kong. Currently he is Visiting Scholar at Cornell Law School. His teaching and research interests include Corporate Law, Contract Law, Constitutional Law, and Public Policy. His publications include many books, articles, and papers in diversified areas, published in China and abroad. His representative pieces include: “The Other Roles of Law: Signaling, Self-commitment and Coordination”, (2010) 12(1) Australian Journal of Asian Law106-37; “The Role of Mortgages: A Case for Formal Law” (2009) 26 Journal of Contract Law 45-67; “Adaptive Efficiency and Financial Development in China: The Role of Contracts and Contractual Enforcement” (2008) 11 Journal of International Economic Law 459 – 94 (with Zhang Hao); “Against Legal Origin: Of Ownership Concentration and Disclosure” (2007) 7(2) The Journal of Corporate Law Studies 285-305 (with Shao Li); and “Using Western Law to Improve China’s State-Owned Enterprises: of Takeovers and Securities Fraud” (2004) 39(2)  Valparaiso University Law Review 339-76.

 * CEAS China and International Human Rights Colloquium, Penn Law School