The Corporate Bankruptcy Substitute in China
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How to Cite

Zhang, Z. (2019). The Corporate Bankruptcy Substitute in China. Columbia Journal of Asian Law, 33(1), 172–218. https://doi.org/10.7916/cjal.v33i1.5455

Abstract

Fair distribution in judgment execution generally served as the

de facto bankruptcy substitute from the 1980s to 2015, a time when

the China Supreme People's Court partially abolished this regime in an

effort to nudge more commercial judgment executions into formal

bankruptcy procedures. As will be reported later in this article, in view

of the insurmountable barriers to commence corporate bankruptcy

procedures, even after 2015, courts still use fair distribution to

pragmatically solve equal treatment between competing creditors.

However, there is little research on fair distribution in judgement

execution as a bankruptcy substitute in China, although there has been

significant academic study of China's commercial judgment execution

system per se, notably by Professors Donald Clarke, Randall

Peerenboom, and He Xin. To fill this gap, this article generally asks

one simple question: Is fair distribution in judgment executions

effective in filling the gap left by the virtual absence of bankruptcy law

in China? Under this general question, there are many specific questions

that need to be answered. For example, how often is fair distribution

used in the event of the bankruptcy of execution debtors? Are execution

creditors treated well under the fair distribution scheme? And if not,

what factors hamper the application of fair distribution? Is it the lack of

bankruptcy filings, as argued by many court officials in China, the cause

of the meagre use of the corporate bankruptcy law?

https://doi.org/10.7916/cjal.v33i1.5455
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