The First Southwest Bankruptcy Law Forum Was Held Grandly in Sichuan2016-11-20 Views：509
Becauseof the unwieldy Enterprise Bankruptcy Law in the early stage, problems likezombie firm and overcapacity were compounded since China's reform andopening-up was pushed to a new historical but crucial stage. As theimplementation of Supreme People's Court’s Order on Bankruptcy Cases BeingHandled in Accordance with Law, Actively and Steadily Advance BankruptEnterprise Support and Bankruptcy Liquidation, No.169, 2016, activatingeconomic vitality, establishing healthy and smooth market withdrawal mechanismand corporate rescue mechanism for financial institutions are inevitable.
InG20 Hangzhou Forum, leaders from People’s Republic of China and the UnitedStates of America met each other and China stressed the importance of theestablishment and improvement of a fair bankruptcy system and mechanism. Tahotakeenly grasped the growing trend of Bankruptcy Law theory and practice and thenestablished “enterprise reorganization and liquidation center”, aiming toprovide law service in enterprise reorganization and liquidation, do in-depthresearch on reorganization and liquidation theory and practice, and, byproviding professional lawyers and teams in the field of reorganization andliquidation, offer efficient legal services for enterprise.
Undersuch a general background and great opportunity, the first southwest bankruptcylaw forum was held successfully in Chengdu by Tahota together with school oflaw of southwestern university of finance and economics, bankruptcylaw research center of southwestern university of finance and economics andSichuan legal newspaper on November 20, 2016. It was also supported bybankruptcy law research center of Renmin University of China, Beijingbankruptcy law institute, Shanghai legal association bankruptcy law research center,Sichuan legal association civil law research institute and Zhejiang lawyerassociation and bankruptcy management committee.
Thisforum included the opening ceremony, keynote speeches, free talks, the closingceremony and so on. It centered around “research on the guarantee problems inthe Enterprise Bankruptcy Law”. More than 150 scholars and experts and elitesfrom universities, judicial systems and financial systems, covering areas ofBeijing, Shanghai, Jiangsu, Zhejiang, Shandong, Hunan and Sichuan, had athorough discussion into the guarantee problems in the Enterprise BankruptcyLaw, leading to great achievements, which promotes greatly the development oftheoretical and practical research on the guarantee problems.
Theforum started at 9 a.m. on November 20. First, Gao Jinkang, Dean of School ofLaw at Southwestern University of Finance and Economics, made a speech for theestablishment of their research center of Enterprise Bankruptcy Law. ZhangJiankui, deputy secretary of politics and law committee in Sichuan provincialparty committee and vice chairman of Sichuan provincial law society, and LiuNan, vice President of the people's court in Sichuan province, they twounveiled the nameplate of the center.
Then,Liu Nan,vice President of sichuan province superior people's court, professorXu Yangguang, deputy director of bankruptcy law research center of RenminUniversity of China and deputy president and general secretary of Beijingbankruptcy law association, lawyer Liu Jun, Tahota senior partner, and LiuXiangjiu, chief editor of Sichuan legal newspaper, gave speeches for theopening ceremony.
Views of BigShots:
In the course of keynote speech, big shotsshared their opinions and contend for attention, bringing fruitful achievements.
LiuNan, vice judge of Sichuan Higher People's Court pointed out that theenterprise bankruptcy law system play vital roles in protecting the enterpriseassets, optimize the allocation of resources, and standardize the market order.
Wang Xinxin,director, professor, and doctoral supervisor of Bankruptcy Law Research Centerof Renmin University of China, titled on The Usage and Guarantee of SecurityRight in Enterprises Reform, interpreted the effective use of security rightsin bankruptcy procedure.
Zhang Hengzhu, Judge of Zhejiang ProvincialHigh Court Commercial Court, reviewed the three historical stages in thedevelopment of Zhejiang enterprise bankruptcy law and shared the practice ofenterprise bankruptcy law in Zhejiang province.
Han Changyin, distinguishedprofessor and doctoral supervisor of Koguan Law School of Shanghai JiaotongUniversity, chairman of Shanghai Law Society Bankruptcy Law Research Institute,and vice chairman of Insurance Society of China, explained the reuse ofsecurity right, the interest calculation of security claim in the reformingprocedure, the security assessment period, and the excessive claim in the deficit security.
GaoShengping, professor and doctoral supervisor of Law School of Renmin Universityof China, director of Bankruptcy Law Research Center of Renmin University ofChina, centered on the cognizance of the chattel mortgage in bankruptcyliquidation, with the combination of the judicial explanation of security inbankruptcy law, elaborated the fixed mortgaged property in the real property procedure.
Professor Xu Yangguang, deputy director ofBankruptcy Law Research Institute of Renmin University of China, vice chairmanand secretary general of Beijing Bankruptcy Law Association, explained theimportance of tax-related issues in bankruptcy based on the thesis Reflectionon Tax-related Issued in Bankruptcy.
Inthe free discussion part, Li Ruliang, chief judge from Sichuan DeyangIntermediate People's Court Settlement and Bankruptcy Branch Court, HuangLiping, professional committee member of Sichuan Neijiang Intermediate People'sCourt Judicial Council and judge of Commercial Court, the other experts,scholars, lawyers, and representative from companies discussed fiercely andexpressed their opinions through the face-to-face communication. With theexchange of academic research and judicial practice in bankruptcy law, newideas, discoveries and topics on bankruptcy law can be initiated, givinginsight and enlightenment to the promotion of bankruptcy law research and practice.
Theclosing ceremony was hosted by our senior partner and lawer Cai Bin. The closingspeech was addressed by Professor Wu Yue, professor in Law School ofSouthwestern University of Finance and Economics, Bankruptcy Law ResearchInstitute of SWUFE.
Participants expressed that they gained a lotfrom this forum. The improvement and implementation of bankruptcy law shall berealized in the course of building socialism with Chinese characteristics andruling the country by law. Let us work together and write the new chapter inthe development of Chinese bankruptcy law system.