University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 3-2015 Beyond Ownership: State Capitalism and the Chinese Firm Curtis J. Milhaupt Wentong Zheng University of Florida Levin College of Law,
[email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Corporation and Enterprise Law Commons, and the Foreign Law Commons Recommended Citation Curtis J. Milhaupt & Wentong Zheng, Beyond Ownership: State Capitalism and the Chinese Firm, 103 Geo. L.J. 665 (2015), available at http://scholarship.law.ufl.edu/facultypub/696 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact
[email protected]. Beyond Ownership: State Capitalism and the Chinese Firm CURTIS J. MILHAUPT*&WENTONG ZHENG** Chinese state capitalism has been treated as essentially synonymous with state- owned enterprises (SOEs). But drawing a stark distinction between SOEs and privately owned enterprises (POEs) misperceives the reality of China’s institutional environment and its impact on the formation and operation of large enterprises of all types. We challenge the “ownership bias” of prevailing analyses of Chinese firms by exploring the blurred boundary between SOEs and POEs in China. We argue that the Chinese state has less control over SOEs and more control over POEs than its ownership interest in the firms suggests. Our analysis indicates that Chinese state capitalism can be better explained by capture of the state than by ownership of enterprise.