China's New Enterprise Bankruptcy Law

Context, Interpretation and Application
1. Auflage 2010
ISBN: 978-0-7546-7637-9
Verlag: Routledge

Buch, Englisch, 372 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 722 g

Reihe: Markets and the Law

China has recently entered a significant stage in its economic transition with the introduction of a new and seemingly sophisticated bankruptcy law drawing inspiration from mature insolvency systems. However, this new law is likely to face significant challenges within its implementation due to weaknesses in the countries legal and social infrastructure. China's New Enterprise Bankruptcy Law clearly presents the structure of China’s reformed legal bankruptcy system by introducing the framework and analyzing typical cases which have been or are being heard since the new bankruptcy law was operational. Written by Chinese experts with a professional interest and specialist knowledge of insolvency law, this volume serves as an indispensable guide for academics and researchers in the area, as well as practitioners and professionals involved with Chinese business law.

Autoren/Hrsg.

Xu, Yongqian

Zhang, Haizheng

Parry, Rebecca

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Contents: Preface; Part I China's Bankruptcy Legal Framework: Introduction, Rebecca Parry and Haizheng Zhang; The conceptual structure of China's new corporate bankruptcy law, Roman Tomasic; Corporate governance, accounting procedures and prevention of insolvency, Qingxiu Bu. Part II Contents of the New Law: Bankruptcy petition and acceptance, Haizheng Zhang and Xiaohe Tan; Bankruptcy administrator: status, powers and duties, Jianhua Xiao; Administrator: appointment and remuneration, Rebecca Parry; Bankruptcy estate, Jianhua Xiao; Transaction avoidance, Rebecca Parry; Filing of claims, Bingkun Ye; Creditors' meeting and creditors' committee, Xin Ge; Corporate rescue, Haizheng Zhang; Composition, Xin Ge; Winding up proceedings, Weiwei Zheng; Improper trading in bankruptcy and director liabilities, Bin Wang. Part III State-Owned Enterprises and Financial Institutions: Bankruptcy of state-owned enterprises and planned bankruptcy, Haizheng Zhang; Bankruptcies of financial institutions, Yongqian Xu and Weiwei Zheng; Part IV Cross Border Insolvencies: Cross border insolvency, Jingxia Shi. Part 5 Conclusion: Conclusion, Rebecca Parry and Haizheng Zhang; Index.

Über Autor(innen)

Rebecca Parry, is Professor of Law at Nottingham Law School, Nottingham Trent University. Her research interests are in the areas of company law and insolvency law at the domestic, international and comparative level. She has a strong interest in the new Chinese law. Yongqian Xu is the director of the Supervisory Committee of Dacheng Law Firm, a qualified lawyer, legal advisor, insolvency practitioner and senior partner. He also works as the vice-director of the civil law committee of the China Bar Association. He is a member of the Commercial Law Institute of the China Law Society and visiting professor of Beijing Technology and Business University and the Training Centre of China Entrepreneurial Confederation. He has published several works about Chinese bankruptcy law. Mr Xu is currently producing an insolvency guideline for the Chinese qualified insolvency practitioners under the authorisation of Ministry of Justice of PRC. Haizheng Zhang is a PhD candidate at the University of Leicester. He has strong research interests in corporate insolvency and rescue law. He has published articles on China's bankruptcy law in both Chinese and English.