Yile Qu

Profile

As a motivated postgraduate researcher with international study experience, I am passionate about the corporate rescue system, Chinese state-owned enterprises and Chinese local governments. I am committed to creating equitable and innovative solutions to China's economic challenges and strive to see my work have a positive impact on the world. In addition to my research pursuits, I express my creativity as an artist through participating in the GUYU Action International Performance Art Festival and I also serve dedicatedly in a governance role as a board member and supervisor of X-CFCA.

Research interests

China's bankruptcy and reorganization system has long been criticized as unfair and dysfunctional. Critics believe that in legal practice, some bankruptcy administrators' decisions are subject to interference by courts and governments, which may lead to the protection of corporate and social interests at the expense of creditors' interests. More specifically, regarding the understanding of the meaning of “fairness”, the existing literature seems to use the principle of equality and the absolute priority rule (APR) as the key prerequisites for judging the fairness of the debt settlement plan in the reorganization plan.

However, these judgment criteria are somewhat simplistic and mechanical. These two principles should be the means to achieve "fairness" rather than the standards or premises for determining judgment. The meaning of "fairness" and its evaluation criteria should be diverse and multifaceted, depending on the nature of ownership, business objectives, type of enterprise, etc. Therefore, it is difficult to conclude that the government and courts' intervention in bankruptcy reorganization is inherently unfair.

I am interested in the field of bankruptcy and reorganization of Chinese state-owned enterprises. Despite the size of China's state-owned enterprises, there is significant heterogeneity among them. Market-oriented state-owned enterprises, special-function or monopoly state-owned enterprises, and public welfare state-owned enterprises each have different business objectives. Accordingly, when these enterprises face financial difficulties, the standards of fairness and the attitude of government intervention should be diversified.

In short, my research aims to explore the different understandings of fairness in the bankruptcy and reorganization of different types of state-owned enterprises in China, and to analyze the heterogeneity in which different creditors and their own members are affected by different "fairness" rules.

Qualifications

• LLB (Law), Northwest University of Political Science and Law
• LLM (International Business Law), the University of Leeds
• Certificate of the Legal Profession Qualifications, PRC

Research groups and institutes

• Centre for Business Law and Practice