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Abstract from

The Making of an Enterprise Bankruptcy Law in the PRC

Dr Jianfu Chen is Professor of Law and Head of School at La Trobe University in Melbourne. He has held several professorial fellowships and visiting professorships in universities in China and Europe. He teaches inter­national business law and human rights law and has published widely on Chinese law, comparative law, and legal globali­sation. His pub­li­cations on Chinese law include From Administrative Authorization to Private Law: A comparative perspective of the developing civil law in the PRC (Dordrecht/Boston/London: Martinus Nijhoff Publishers, 1995) and Chinese Law: Towards an Under­standing of Chinese Law, Its Nature and Development (The Hague/ Boston/London: Kluwer Law International, 1999). He is also General-Editor, China Business Law Guide (loose-leaf services, Singapore, CCH Asia).

This article reviews the legislative history of the 2006 Enterprise Bankruptcy Law of the PRC, focusing on the major difficult issues contested during the drafting processes. It also examines the limits, new development, and significance of the new Law in China’s drive towards a market economy.

(2007) 25 No 2 Law in Context 77

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