A Comparative Study of the Corporate Bankruptcy Reorganization Law of the US and China

Overview

Corporate rescue law is an important component of corporate law. This dissertation contains a comparative study on the corporate bankruptcy reorganization law of the US and China, with the aim of establishing an efficient reorganization system in China. The reorganization proceeding is to produce an efficient reorganization plan, i.e. a set of reorganization decisions on how to deploy the debtor's assets and how to distribute the total wealth. The book discusses whether the US and Chinese reorganization law contains a reorganization decision-making mechanism that constrains the participating parties to produce an efficient reorganization plan, the consummation of which realizes the goal of the reorganization plan. From the perspective of the reorganization decision-making mechanism, the book deals with the plan-drafting system, the plan-passing system, and the reorganization-fostering system of the US and Chinese law. For the purpose of getting a deeper understanding of the law, the final chapter provides a comparison of the reorganization practice of both countries and explores the relationship between the law and the practice. Dissertation.