Abstract

The evolving Chinese law on business entities typically reflects the tension between socialist ideology and 'bourgeois' legal institutions. This Chapter first outlines the differentiated structure of business entities under the Chinese Constitution and other laws governing business activities. It then examines the Individual Sole Investment Law, the Partnership Enterprise Law, and the Company Law. The term 'private enterprise' refers to 'a privately funded economic entity which employs at least eight persons.' There is no doubt that the Chinese legal framework on business entities is still in evolution and remains largely fragmented. Although the process to establish a modern enterprise system, consisting of the three pillars of law (Company Law, Partnership Law and Sole Investment Enterprise Law) has now been completed, the largely fragmented enterprise laws made under different ideological orientations continue to operate.Keywords: Business Entities; Chinese legal framework; Company Law; foreign investment; Individual Sole Investment Enterprises; Individual Sole Investment Law; Partnership Enterprise Law

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