Journal of East China Normal University (Philosophy and Social Sciences) ›› 2006, Vol. 38 ›› Issue (1): 59-65.

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How to Identify Legal Effectiveness of Some Taiwan's Businessmen's Dormant Investment in Mainland——A Case Study of Shanghai

Yu-bin SHI1, Yan-qiong MAO2   

  1. 1. Shanghai AllBright Law offices, Shanghai 200120, China
    2. Shanghai Institule of Foreign Trade, Shanghai 200336, China
  • Received:2005-11-01 Online:2006-01-30 Published:2006-01-30

Abstract:

It has become an attractive scene that Taiwan's businessmen come to Mainland, making investment or doing business.However, law disputes, among others, the dormant investment dispute related to Taiwan's businessment are increasing rapidly.Due to the lack of legislation and insuffcient legal researches, how to identify the legal effect of dormant investment has remained an outstanding and difficult judicial problem.This paper makes an analysis of the definition, features and causes of existing dormant investment, explores some shortcomings in the nineteenth regulation of the Supreme Court's draft on regulations of trying cases about company disputes, and puts forward some principles and ways to identify legal effectiveness of Taiwan's businessmen's dormant investment in Shanghai.

Key words: Taiwan's businessman, dormant investment, legal effectiveness

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