Abstract
If the sheer number of contracts generated marks the degree of a nation’s modernity, then, as we shall see, China has certainly come of age. But are all contracts equal? Contract law assumes roughly equal bargaining power between the parties. That might hold true between commercial entities, but what of employment and labor contracts?
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Notes
We have relied heavily on the chapter on contracts in Jianfu Chen, Chinese Law: Context and Transformation (Boston/Leiden: Martinus Nijhoff Publishers, 2008), chapter 12.
Liming Wang and Chuanxi Xu, “Fundamental Principles of China’s Contract Law,” Columbia Journal of Asian Law 13, no. 1 (1999): 1–34, 5.
Nicole Kornet, “Contracting in China: Comparative Observations on Freedom of Contract, Contract Formation, Battle of Forms and Standard Form Contracts,” Electronic Journal of Comparative Law 14, no. 1 (2010): 1–31, 3.
Mo Zhang, “Freedom of Contract with Chinese Legal Characteristics: A Closer Look at China’s New Contract Law,” Temple International and Comparative Law Journal 14 (2000): 237, 238n5.
Jay D. Kelley, “So What’s Your Excuse? An Analysis of Force Majeure Claims,” Texas Journal of Oil, Gas, and Energy Law 2, no. 91 (2007): 116–117.
Yuqing Zhang and James S. McLean, “China’s Foreign Economic Contract Law: Its Signifcance and Analysis,” Northwestern Journal of International Law and Business 8, no. 1 (1987): 120.
Wenliang Zhang, “Recognition and Enforcement of Foreign Judgments in China: A Call for Special Attention to Both the ‘Due Service Requirement’ and ‘Principle of Reciprocity,’” Chinese Journal of International Law 12 (2013): 144, accessed March 6, 2015, doi: 10.1093/chinesejil/jmt004.
Leslie T. Chang, Factory Girls: From Village to City in a Changing China (New York: Spiegel & Grau, 2014).
Yunqiu Zhang, “Labor Law Reforms: China’s Response to Challenges of Globalization,” in Modern Chinese Legal Reform, eds. Xiabing Li and Qiang Fang (The University of Kentucky Press, 2013), 138–146.
Eli Friedman and Sarah Kuruvilla, “Experimentation and Decentralization in China’s Labor Relations,” Human Relations 68, no. 2 (2015): 181–195.
Mary Gallagher, John Giles, and Albert Park, “China’s 2008 Labor Contract Law: Implementation and Implications for China’s Workers,” Human Relations 68, no. 2 (2015): 197–235.
William J. Hurst, Jonathan Kinkel, and Alexandra Souwash, “Implementing China’s Labor Reforms: Interests and Obligations at the Firm Level,” in Law and Policy for China’s Market Socialism, ed. John Garrick (New York: Routledge, 2013), 118–130.
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© 2016 Chuan Feng, Leyton P. Nelson, and Thomas W. Simon
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Feng, C., Nelson, L.P., Simon, T.W. (2016). Contract and Employment Law. In: China’s Changing Legal System. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137452061_7
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DOI: https://doi.org/10.1057/9781137452061_7
Publisher Name: Palgrave Macmillan, New York
Print ISBN: 978-1-349-55602-1
Online ISBN: 978-1-137-45206-1
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