Rational Analysis On Bankruptcy Law

1. Formation of the SubjectThe rationale of law is a significant matter. It relates to the establishment and implementation of law as well as the creation and realization of objectives and value of law. In this respect, rationale determines the nature of law and therefore determines practice of such law. The rationale of law is the rational understanding and knowledge of elements dominates and affects law, such as political, economic, historical and cultural elements. The Jurisprudence academe has studied long and deeply for the rationale of law. The study is based on ontological rationale, value rationale and epistemological rationale of law. For example, Hegel thought the rationale of law is freedom, where as Edgar Bodenheimer held that the rationale of law is justice, and so on. The jurisprudence academe's study is macroscopical and abstract which considers the law as a whole. How to use this method to study a branch of legal system is a new subject for the research on rationale of law. This dissertation is trying to cover this new subject.The Bankruptcy Law is a special law of obligation law, is a combination of substantial law and procedure law. Therefore, the rationale of Bankruptcy Law has the natural connection with law of obligation and procedure law. The rationale of Bankruptcy Law was not attached importance to the study of Bankruptcy Law by most of the scholars; they put emphasis on the substantial or procedural questions of Bankruptcy Law and studied systemically on such...