Book contents
- Government Intervention in the Reorganisation of Listed Companies in China
- Government Intervention in the Reorganisation of Listed Companies in China
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Abbreviations
- Reviews
- 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 EBL and 2006 EBL
- 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
- Bibliography
- Index
2 - The Legislative Goals of the Enterprise Bankruptcy Law of the PRC
Published online by Cambridge University Press: 20 December 2019
- Government Intervention in the Reorganisation of Listed Companies in China
- Government Intervention in the Reorganisation of Listed Companies in China
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Abbreviations
- Reviews
- 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 EBL and 2006 EBL
- 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
- Bibliography
- Index
Summary
This chapter focuses on the bankruptcy goals in China. It mainly explores the theoretical underpinnings of the bankruptcy goals. The author argues that the bankruptcy law is not only a procedural law, but also a substantive law. The bankruptcy law not only aims to realise such substantial rights under non-bankruptcy laws, but has its own value as a market institution: to provide fair protection to market players – creditors, debtor and other stakeholders – to set the order of priority, distribute the financial risks of the failure of the debtor fairly and uphold the value of the rule of law in bankruptcy procedures. Undoubtedly, the bankruptcy goals bear distinct imprints of China’s socialist market economy. The socialist market economy in China has distinguished itself from capitalist market economies in two key respects: (1) a strong public sector and (2) a policy of strong state intervention. These special characteristics have some implications for bankruptcy goals in China, i.e. the need to secure the strong dominance of the public sector, allow government intervention in enterprise bankruptcies and protect the interests of stakeholders, especially the workers.
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- Publisher: Cambridge University PressPrint publication year: 2020