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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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China's New Enterprise Bankruptcy Law: Context, Interpretation and Application

Edited by: Rebecca Parry, Yongqian Xu, Haizheng Zhang

ISBN13: 9780754676379
Published: January 2010
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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China has recently entered a significant stage in its economic transition with the promulgation of a new bankruptcy law. The new law introduces a uniform and seemingly sophisticated regime, drawing inspiration from mature insolvency systems. However significant challenges are likely to be faced in the implementation of the new law, due to weaknesses in the legal and social infrastructure. This book presents a clear picture of the newly reformed Chinese bankruptcy legal structure.

Written by Chinese experts with a professional interest and specialist knowledge of insolvency law, the volume systematically and comprehensively introduces the Chinese bankruptcy legal framework, including theoretical, substantive and procedural issues. In addition, it analyses typical cases which have been or are being heard since the new bankruptcy law was implemented.

The study provides an invaluable resource for academics and researchers with an interest in insolvency law, and Chinese business law. As a number of authors were directly involved in drafting and implementing the new legislation, the work will also serve as a useful guide for practitioners and professionals with interests in China.

Subjects:
Other Jurisdictions , China
Contents:
Part 1 China's Bankruptcy Legal Framework:
Introduction
The conceptual structure of China's new corporate bankruptcy law
Corporate governance, accounting procedures and prevention of insolvency.
Part 1 Contents of the New Law: Bankruptcy petition and acceptance
Bankruptcy administrator: status, powers and duties
Administrator: appointment and remuneration
Bankruptcy estate
Transaction avoidance
Filing of claims
Creditors' meeting and creditors' committee
Corporate rescue
Composition
Winding up proceedings
Improper trading in bankruptcy and director liabilities.
Part 3 SOEs and Financial Institutions: Bankruptcy of state-owned enterprises and planned bankruptcy
Bankruptcies of financial institutions
Part 4 Cross Border Insolvencies: cross border insolvency.
Part 5 Conclusion: Conclusion
Index.

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