Gong China’s Insolvency Law and Interregional Cooperation

Comparative Perspectives from China and the EU
1. Auflage 2017
ISBN: 978-1-351-69090-4
Verlag: Taylor & Francis
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 256 Seiten

Reihe: The Rule of Law in China and Comparative Perspectives

As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.

Autoren/Hrsg.

Gong, Xinyi

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Verwaltungsrecht Verwaltungspraxis
• Rechtswissenschaften Wirtschaftsrecht
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Insolvenzrecht, Konkurs, Unternehmenssanierung

Inhaltsverzeichnis

Chapter 1 Introduction

Possibility of Cooperation on a Regional Level

Lack of a Regional Cross-border Insolvency Framework

Structure of the Book

Chapter 2 China’s Special Political Regime and Current Regional Cross-border Legal Cooperation

Introduction

Political Integration

Economic Integration

Current Legal Cooperation within the Four Regions

Conclusion

Chapter 3 Diverse Cross-border Insolvency Systems among the Four Regions

Introduction

The Mainland Approach

Hong Kong Approach

Macao Cross-border Insolvency System

Taiwan Cross-border Insolvency System

Conclusion

Chapter 4 Regulation versus. Model Law: A Comparative Review on Key Aspects

Introduction

COMI

Recognition and Reliefs

Cooperation and Communication

BREXIT and Its Influences

Conclusion

Chapter 5 Solutions Tailored into a Chinese Context: A Balanced Way

Introduction

Recommendation 1 -- Guiding Principle

Comments to Recommendation 1

Recommendation 2 – Overriding Objective

Comments to Recommendation 2

Recommendation 3: Form and Scope

Comments to Recommendation 3

Recommendation 4: Recognition and Reliefs

Comments to Recommendation 4

Recommendation 5: Public Policy

Comments to Recommendation 5

Recommendation 6 – Cooperation and Communication (single debtor and enterprise groups)

Comments to Recommendation 6

Recommendation 7 – Cross-border Insolvency Agreements

Comments to Recommendation 7

Recommendation 8 – Functional Dispute Settlement Mechanism

Comments to Recommendation 8

Recommendation 9 - Inter-Regional Case Register

Comments to Recommendation 9

Recommendation 10 – Independent Intermediaries: Separate Arrangement for Cross-strait Insolvency Cooperation (The Mainland and Taiwan)

Comments to Recommendation 10

Conclusion

Summary

Annex

Index

Über Autor(innen)

Dr. Xinyi Gong was sponsored by China Scholarship Council to conduct her PhD research at Leiden University. Her research topic concerned comparative studies of cross-border insolvency, and her expertise focused on the insolvency systems of the Greater China Region (the Mainland China, Hong Kong, Macao and Taiwan), the EU Insolvency Regulation and UNCITRAL Model Law. In the course of her PhD research, she has spent six months at National Taiwan University to explore the local legal system. In addition to her research, Dr. Gong has practiced at governmental institutions and international organizations, including the Department of Justice Hong Kong SAR, the United Nations Commission on International Trade Law (UNCITRAL), as well as the Hague Conference on Private International Law (HCCH), where she learned how the inter-regional and international legal cooperation regimes were drafted, negotiated and obtained consensus.