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 modem 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 modem 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 bankruptcyand 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 Concluding 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-tier 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
