中国的跨界破产法：现状、问题及发展/石静遐(13)
Abstract: This article deals with several problems pertaining to cross-border insolvency, an important but ignored area in China. In this article, the current status of Chinese bankruptcy laws has been firstly addressed, with a focus on its legal blank on the cross-border insolvency and unsatisfactory judicial practice. Thereafter, the influential GITIC case has been analyzed, which further highlights the inadequacy of Chinese bankruptcy legislation and crying needs for its reform. Basing on the essential principles embodied in the UNCITRAL Model Law and EU Regulation, the gaps between Chinese bankruptcy laws and international practice have been made clear. Accordingly, the developments of Chinese cross-border insolvency have been proposed in order to provide helpful references for the future legislation.
1 See e.g., Charles D. Booth, 'Recognition of Foreign Bankruptcy: An Analysis and Critique of the Inconsistent Approaches of United States Courts', 66 Am. Bankr. L. J., p.135 (1992); See also Douglas Boshkoff, 'Some Gloomy Thoughts Concerning Cross-Border Insolvencies', 72 Wash. U. L.Q., p.936 (1994); Jay Lawrence Westbrook, 'Developments in Transnational Bankruptcy', 39 St. Louis U. L. J., p.745 (1995).
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