Study Of Private International Law Issues In Cross-border Insolvency Cooperation

For the overall structure, this thesis consists of three parts as follows: introduction,main body and conclusion.First of all, the introduction part briefly introduces the legal definition, origin, development and international cooperation of cross-border insolvency, and based on summing up the history and status quo of domestic and foreign researches, expounds the reasons why the topic is selected and the theoretical and realistic significance.The main body has the following six chapters:Chapter 1 expounds the cooperation tendency of cross-border insolvency and the private international law problems to be solved. In this chapter, legislative and judicial practices of cross-border insolvency are objectively reviewed from both domestic and international aspects and summarization of cooperation tendency in cross-border insolvency field is initially conducted. Based on this, through the demonstration of the reasonability of pragmatism theory which is the new development of extraterritoriality theories, the conclusion can be made that the cross-border insolvency cooperation is not an occasional phenomenon but is a steady and predictive tendency in a long period of time. After determining this objective development tendency, the author sums up seven fundamental problems which may appear in the cooperation of cross-border insolvency and the author brings them into the corresponding legal system of the private international law.Chapters 2-4 elabrate on three kernel problems of private international law in the cooperation of the cross-border insolvency, namely, the jurisdiction of the cross-border insolvency, choice of law in the cross-border insolvency, the recognition and enforcement of foreign insolvency proceedings.Chapter 2 concerns the difficulties of the jurisdiction of the cross-border insolvency, i.e., conflicts of jurisdictions and legal coordination methods thereof, which is also a sensitive problem in the cross-border insolvency. The cases of the cross-border insolvency are inevitably associated with two or more countries, so a problem that the court of which state has jurisdiction over these cases always occurs. At present, the general binding of international treaty on this problem have not been specified, but the...