Insolvency law in the People's Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese insolvency law since the enactment of the PRC Enterprise Bankruptcy Law in 2007, focusing on the dynamic transformation of insolvency practice, jurisprudence and the profession over the last five years. It also draws on examples from Japan to highlight that China is not alone in relation to a number of contemporary debates and developments in insolvency law. Moreover, the article brings together academic, judicial and practitioner perspectives to examine key contemporary issues in China, including the influence of Chinese courts; the treatment of secured creditors; the professionalization, appointment and remuneration of insolvency practitioners; and reorganizations of listed companies, unlisted real estate companies and unlisted foreign investment enterprises. The article also emphasizes the different rates of development in more sophisticated economic regions such as Shenzhen City and Zhejiang Province from which recent data and case studies are drawn. Finally, the article analyzes China's approach to cross-border insolvencies. Whilst challenges remain, the article evidences China's indigenous and increasingly sophisticated insolvency framework and highlights future innovations including publication of insolvency-related information and the potential for a personal bankruptcy regime.

Recent Developments in Bankruptcy Law in China provides an authoritative, insiders perspective on key strategies for representing and advising bankruptcy clients in Chinas current economic, political, and legal environment. Featuring partners from some of Chinas leading law firms, these experts guide the reader through recent changes in Chinas legal landscape, as they provide a brief history of Chinese bankruptcy law and discuss how filings have changed since the new Enterprise Bankruptcy Law. These top lawyers offer tips on understanding the similarities and differences in Chinese and U.S. bankruptcy law, including how the courts administer the laws, the types of bankruptcies filed, and how best to file involuntary bankruptcies. From understanding new reorganization practices to handling common legal issues for clients, these authors give advice on how to integrate new techniques into current bankruptcy strategies. Additionally, these leaders discuss the ambiguities of the Enterprise Bankruptcy Law and the lack of transparency in Chinas bankruptcy regime. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating bankruptcy law in Chinas current legal climate.

A conference proceedings that provides a regional and country perspective on Asian insolvency reform, including individual Asian country reports, and reports on broader international trends and developements.

This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China.

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.

This is Volume one of a new series on 'New Bank Insolvency Law for China and Europe'. This volume provides a comprehensive analysis of the current Chinese bank insolvency framework, and discusses future developments in the field of Chinese bank insolvency law. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules that govern the recovery and resolution of banks. [Subject: Insolvency Law, Chinese Law, Commercial Law, Banking Law]

Like the previous edition in 2008, this book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.