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.
Table of Contents
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.
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.
'A timely volume considering China's development and its emerging market economy with a helpful exposition and analysis of the law in one place, for easy reference. The work contains substantial references to other sources which facilitates further reading and research and provides a thorough treatment of theoretical, substantive and procedural issues with useful introductory material.' Andrew Keay, University of Leeds, UK 'A methodical exposition of the modern law of Chinese insolvency, this text brings together expertise from academia and practice in order to provide a conceptual basis for the workings of the modern law as well as an incredibly detailed analysis of its provisions with additional information about the participants in the insolvency process.' Paul Omar, University of Sussex, UK 'The aim of China's New Enterprise Bankruptcy Law is to provide a comprehensive overview of this important new piece of legislation. ... To a large extent the authors have achieved this aim, with contributors that include legal scholars, practitioners, an accountant and a judge.' Australian Journal of Asian Law