Part One Introduction
I.Research aims and the need for this analysis
II.Research methodology
A.Is it appropriate to carry out a comparative research on the topic of corporate rescue?
B.Main features of research objects
Concluding remarks
Part Two Theoretical and functional issues of corporate rescue
Introduction
I.Identification of two fundamental concepts central to corporate rescue
A.Property rights
B.Corporate failure
II.Basic theory of corporate rescue
A.Definition and ideology
B.Crucial elements to a corporate rescue activity
III.Functional transformation of corporate insolvency law
A.Historical evolution of rescue-oriented mechanisms
B.Origin and development of modern corporate
rescue culture
Concluding remarks
Part Three Identifying the contextual factors and historical development of the UK, the US and China 46
Introduction
I.Different cultures and ideologies
A.Legal cultures and ideologies regarding the role of law
B.Entrepreneurial cultures and ideologies
II.Historical developments of bankruptcy and corporate rescue laws in England, America and China
A.England:consistent reforms towards a modern rescue culture in the past three decades
B.America:formulation of the most influential corporate rescue scheme in the world-Chapter 11
C.China:long march towards an entirely new bankruptcy and corporate rescue system
Concluding remarks
Part Four A critical assessment of the Chinese corporate rescue laws and policies on the basis of the English and American models
Introduction
I.England : company voluntary arrangements (CVAs)
and administration
A.CVAs
B.Administration proceedings
II.America : Chapter 11 Reorganization
A.An overview of the US Chapter 11
B.Detailed procedure
C.Main reforms
III.China: the modified reorganization procedure
A.Initiation of the proceedings
B.Moratorium
C.Administrator's roles in reorganization
D.Creditors' meeting and creditors' committee
E.Reorganization proposal: voting, approval and implementation
F.Corporate control and management in reorganization: PIP or DIP?
G.A notable feature of China' s reorganization: shareholders' rights of involvement in the rescue process
H.Court' s involvement
I.Potential problems, solutions and prospects
Concliading remarks
Part Five Balance of power and control of each interested group in the network of rescuing companies
Introduction
I.Banks and secured financiers
A.In England
B.The Chinese banking sector :in bankruptcy legal framework-improving a weak position
II.Creditors in the weak bargaining position
A.In England
B.Inadequate protection to the weak interested groups in China
III.Directors
A.Regulating directors by sticks and carrots approach in England and America
B.Directors in China' s two-tie1 board system: how to generate the right incentives?
IV.Labour
A.In England
B.The labour' s position in: China' s bankruptcy legal framework
V.State
A.In England
B.Strong position of the state in China' s bankruptcy legal framework
Concluding remarks
Part Six Conclusion
Appendix
I.List of abbreviations
II.The Chinese Enterprise Bankruptcy Law 2006
III.The Statistics of Enterprise Bankruptcy Cases in China(1989-2009)
IV.Table of Cases
V.Useful Vocabularies and Terminologies
Bibliography
Acknowledgement