破产重整制度的建立和有效性研究:以英国、美国和中国比较分析为视角 相关资料

Corporate rescue has become increasingly a fashionable topic, which has long been asubject of global interest. The most notable formal corporate rescue regime wasestablished by Chapter 11 of the US Bankruptcy Code in 1978, which has had far-reaching influence on the bankruptcy law reforms of other countries. During thepast thirty years, a series of reforms to domestic corporate bankruptcy~ and rescuelaws have been scheduled into the legislative agenda of many countries, and aimed atbuilding up a well-tailored and efficacious corporate rescue system by way ofsummarizing the experiences and lessons from other countries and taking fullconsideration of their own unique domestic situations. In the present decade, a widerange of jurisdictions in different legal systems have considered the reformulation oftheir bankruptcy legal frameworks towards a rescue culture. Conceptually,corporate rescue is a well-functioning method which can provide a ground forfinancially distressed but potentially still viable companies to take a breath from thedeadly enforcement of individual creditors, to negotiate with all the stakeholders andeventually to rehabilitate to its former healthy operation. Even where the attempt torescue is not successful, the business of the insolvent company can be sold as a goingconcern, and this may enable the creditors' claims to be satisfied to a greater extentthan would be possible in an immediate liquidation in which the assets of the debtorare usually disposed by a piecemeal sale for the purpose of a quick realization tocreditors.

破产重整制度的建立和有效性研究:以英国、美国和中国比较分析为视角 作者简介

张海征，2004年毕业于中国政法大学国际法学院，获法学学士学位；2005年9月毕业于英国莱特斯大学法学院，获法学硕士学位；2008年10月毕业于英国莱特斯大学法学院，获法学博士学位；2008年10月至2008年12月在英国诺丁汉特伦特大学法学院担任客座讲师；2009年5月至今在北京外国语大学法学院任教，主讲商法、比较公司法和破产法。

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