Research on the Protection of Creditor Interests in Company Restructuring - Civil and Commercial Law Doctoral Library

Author: Wang Shihu
Publisher:
Publish Date: 2006-04-01
Features: No legal system can perfectly balance the interests of all parties involved; its advantages and disadvantages inevitably coexist. The same applies to corporate restructuring. The value goal it upholds—promoting the revival of debtors to safeguard social interests—clearly conflicts with the protection of creditor interests. The question is, can this conflict be reconciled? And how? This book provides the answer: the protection of creditor interests and the achievement of corporate restructuring goals are both in conflict and interdependent, deeply intertwined and mutually causal. In China, given the numerous financially troubled state-owned enterprises during the economic transition period and the imperfect social security system, introducing corporate restructuring may be the best solution. We firmly believe that in the near future, the restructuring system will take root and flourish on the mainland of our country. By then, our government will no longer worry about corporate bankruptcies, our banks will no longer fret over creditor issues, and our workers will no longer live in fear of unemployment!