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Government Intervention in the Reorganisation of Listed Companies in China

Government Intervention in the Reorganisation of Listed Companies in China

  • Author: Huimiao Zhao, Beijing University of Chemical Technology
  • Publication planned for: April 2020
  • availability: Not yet published - available from April 2020
  • format: Hardback
  • isbn: 9781108496650

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  • As a comprehensive empirical study on the bankruptcy re-organisations of listed companies in China, this book examines the re-organisation of fifty-three listed companies entering bankruptcy between 2007 and 2018. It features raw data from thousands of public announcements of listed companies, helping to present a precise panorama of bankruptcy law in China. The author discusses the nature, extent and appropriateness of government intervention in bankruptcies of listed companies. It also examines the effects of bankruptcy institutions established by the bankruptcy laws to constrain government intervention. The findings suggest that such laws have been inadequate to prevent government intervention. In fact, the biggest obstacle to the smooth implementation of China's reorganisation system is government intervention, one distinct characteristic of the socialist market economy. The book will have broader relevance in terms of informing the debate concerning the government's continuing intervention in economic activity in China.

    • Applies a comprehensive empirical method to analyse the exact means and effects of government intervention
    • Studies the actual bankruptcy practice of listed companies in China to allow readers to understand how bankruptcies of listed companies are conducted in China
    • Clarifies how China's socialist market economy influences the bankruptcy practice of listed companies
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    Reviews & endorsements

    'This book makes a significant and much-needed contribution to the emerging literature concerning Chinese bankruptcy law and practice. It provides valuable insights into the nature and extent of the government's role in the reorganisation of listed companies. In addition to analysing and explaining corporate bankruptcy law in China, Dr Zhao enhances our general understanding of China's socialist market economy, the ongoing tension between law and policy in China and the impact of state and administrative priorities on China's legal institutions.' Andrew Godwin, Director of Studies, Banking and Finance Law, Melbourne University

    'This book presents a clearly written and cogent account of the Chinese bankruptcy system.' Lynn M. LoPucki, University of California

    'The roles that the Chinese Government plays in the reorganisation of listed companies under the Enterprise Bankruptcy Law (EBL) is a fascinating topic with great practical significance. Scholars have commented on it, but this is the first sustained and in-depth study using a combination of doctrinal research, historical research, empirical research and case studies. This comprehensive coverage enables readers to have a holistic, nuanced and evidence-based understanding of the operation of the EBL in practice and in particular, the reorganisation of listed companies. Lucidly written and cogently argued, Professor Zhao should be commended for making a weighty contribution to the developing scholarship on the EBL.' Wee Meng Seng, Deputy Chairman, Director of Corporate Law, National University of Singapore

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    Product details

    • Publication planned for: April 2020
    • format: Hardback
    • isbn: 9781108496650
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from April 2020
  • Table of Contents

    1. Introduction to the research
    2. The legislative goals of the enterprise bankruptcy law of the PRC
    3. The role of the government in the 1986 and 2006 EBLs
    4. Administrative goals and means of government intervention
    5. Negative impacts exerted by government intervention on bankruptcy institutions
    6. Balancing the roles of different institutions for the future reform of China's bankruptcy market
    Conclusion
    Appendices.

  • Author

    Huimiao Zhao, Beijing University of Chemical Technology
    Huimiao Zhao is Associate Professor at Beijing University of Chemical Technology. She is a member of INSOL International, and Research Fellow of the Centre of Bankruptcy Law and Enterprise Restructuring in China University of Political Science and Law. Her research in bankruptcy law has been well recognised worldwide. Her articles have appeared in reputable journals, including American Bankruptcy Law Journal and Hong Kong Law Journal. Her co-authored Chinese book (Analysis of 35 Classic Cases of US Patent Licensing) was published in 2019. She has received various highly competitive research grants, including awards from the Ministry of Education and Ministry of Justice of the PRC.

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