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.
'This book is remarkable as it combines three books in one: an insightful explanation of the current status of insolvency law and practice in the four independent jurisdictions of the region (the Mainland, Hong Kong, Macao and Taiwan) from a Chinese perspective; a comparative analysis of the EU Insolvency Regulation and the Model Law; and a thoughtful and well-balanced proposal for an inter-regional cross-border insolvency regime that reflects the status of mutual trust between the regions. A perceptive study which will surely make a difference.'
Prof. Dr. Stephan Madaus, The Martin Luther University of Halle-Wittenberg, Germany
'If you would like to know about China's cross-border insolvency and inter-regional legal cooperation, this is a book I will recommend.'
Judge Zhu Rui, People’s Republic of China
'This work is a much needed treatise on cross-border insolvency in the Greater China region. Dr Gong deserves to be firmly congratulated for producing this important work which repays careful study and contributes significantly to cross-border insolvency learning in the region.'
Look Chan Ho, Head of Asia Restructuring and Insolvency, Freshfields Bruckhaus Deringer, Hong Kong
1. Introduction; 2. China’s Special Political Regime and Current Regional Cross-border Legal Cooperation; 3. Diverse Cross-border Insolvency Systems among the Four Regions; 4. Regulation versus. Model Law: A Comparative Review on Key Aspects; 5. Solutions Tailored into a Chinese Context: A Balanced Way; 6. Conclusion; Annex; Index
There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law - a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.
Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens’ rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.