Journal article

Trends and Developments in Chinese Insolvency Law: The First Decade of the PRC Enterprise Bankruptcy Law

Stacey Steele, Andrew Godwin, Jin Chun, Han Changyin, Ren Yimin, Chi Weihong

The American Journal of Comparative Law | Oxford University Press (OUP) | Published : 2018

Abstract

Insolvency law in the People’s Republic of China (PRC) 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..

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Grants

Funding Acknowledgements

Stacey Steele, Associate Professor, Associate Director (Japan), Asian Law Centre, Melbourne Law School; Andrew Godwin, Associate Professor, Director of Transactional Law, Associate Director, Asian Law Centre, Melbourne Law School; Jin Chun, Professor, Doshisha University, Japan and Visiting Scholar, Melbourne Law School; Han Changyin, KoGuan Chair Professor of Law, Shanghai Jiao Tong University Law School; Ren Yimin, Vice-President and Partner, Zhejiang Capital & Equity Law Firm; Chi Weihong, Partner, Tiantong & Partners Law Firm, former Chief Judge, Liquidation & Bankruptcy Court of Shenzhen Intermediate People's Court, China. The authors thank Mr. Ma Chenjie, Mr. Wang Yifan, and Mr. Ho Wen, Research Assistants, Asian Law Centre, Melbourne Law School, and Mr. Wang Zhizhou, Research Fellow, Asian Law Center, University of Washington Law School, for their research assistance. We also thank the International Collaboration Fund, Melbourne Law School and the China Insolvency Law Centre, KoGuan Law School, Shanghai Jiao Tong University for support of this research project. We also acknowledge the intellectual support of Mr. Michael Sloan, Partner, and his firm, Ashurst Australia, and the firm's financial support in hosting a workshop on March 7, 2016 in Melbourne which led to this publication. This article reflects the personal opinions of the authors. Statements do not represent the views or policies of our employers, past or present, or any other organization with which we are affiliated.