Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to im...Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to imperfection of and conflicts among laws and regulations as well as misunderstanding of the above system, it is always difficult for judges to determine the validity of such equity transfer agreement under the administrative approval system. Among the three categories of FIEs provided in Chinese law 1, scholars have had a comprehensive discussion over equity transfer agreement involving Sino-Foreign Equity Joint Venture Enterprises, but this case is concerned with the equity transfer agreement of a Chinese-Foreign contractual joint venture. In this case, the People's Supreme Court holds that the equity transfer agreement that has not undergone the approval procedures are not valid but not void. Furthermore, the parties that are bound to submit the agreement to the approval authority shall perform their duties of this kind.展开更多
This study attempts to investigate how, in Sino-foreign joint ventures in China, Chinese managers and workers on the one hand and western managers on the other explain and resolve their cultural conflicts in terms o...This study attempts to investigate how, in Sino-foreign joint ventures in China, Chinese managers and workers on the one hand and western managers on the other explain and resolve their cultural conflicts in terms of the incompatibilities and tensions between particularism and universalism, the two opposing Chinese and western values. It hypothesizes that all parties have to find ways to resolve conflicts in order to maintain employment and keep the business enterprise viable. We argue that both Chinese and western employees must have adjusted, more or less, their values and behavior, and that a new culture of cooperation has consequently emerged from hybridization of particularism and universalism in the course of mutual learning. This cultural innovation exemplifies that globalization in the domain of culture is a process of reciprocal learning by people from diverse cultures.展开更多
文摘Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to imperfection of and conflicts among laws and regulations as well as misunderstanding of the above system, it is always difficult for judges to determine the validity of such equity transfer agreement under the administrative approval system. Among the three categories of FIEs provided in Chinese law 1, scholars have had a comprehensive discussion over equity transfer agreement involving Sino-Foreign Equity Joint Venture Enterprises, but this case is concerned with the equity transfer agreement of a Chinese-Foreign contractual joint venture. In this case, the People's Supreme Court holds that the equity transfer agreement that has not undergone the approval procedures are not valid but not void. Furthermore, the parties that are bound to submit the agreement to the approval authority shall perform their duties of this kind.
文摘This study attempts to investigate how, in Sino-foreign joint ventures in China, Chinese managers and workers on the one hand and western managers on the other explain and resolve their cultural conflicts in terms of the incompatibilities and tensions between particularism and universalism, the two opposing Chinese and western values. It hypothesizes that all parties have to find ways to resolve conflicts in order to maintain employment and keep the business enterprise viable. We argue that both Chinese and western employees must have adjusted, more or less, their values and behavior, and that a new culture of cooperation has consequently emerged from hybridization of particularism and universalism in the course of mutual learning. This cultural innovation exemplifies that globalization in the domain of culture is a process of reciprocal learning by people from diverse cultures.
