Study On Bankruptcy Estate System

Bankruptcy estate is the base of bankruptcy distribution, and the value of itclosely relates to the benefits of all bankruptcy related parties. Bankruptcy judicialpractices are full of interest conflicts between creditors and debtors, creditorsthemselves and the debtor in bankruptcy and the third parties, which are mainlyfocused on the limited bankruptcy estates. The most important duty of bankruptcylaw is protecting the benefits of the creditors, which is by realizing the maxima ofbankruptcy estates. The affirmation and distribution of bankruptcy estate come thecore issue of bankruptcy law.Introduction. From the research motivation, this part introduces the researchtopic and analysis the research object, namely the important meanings of thebankruptcy estate to the legislative targets of bankruptcy law, the methodology andbasic ideas of this paper, and proposes to build uniform bankruptcy law system basedon clarified value ladder of bankruptcy estate system, to establish the market drivenbankruptcy estate management and distribution system, and to improve the matchingsystems of bankruptcy estate system.Chapter One Theoretical and Confusions of Bankruptcy Estates System. Basedon the bankruptcy cases, bankruptcy theories and related legislations, this chapterexplores and analyses different types of bankruptcy estates, bankruptcy creditors’rights and special incidents in practices. By analyzing practical problems andconfusions, this paper points out the key points of solvencies, including the essences,coverage and limits of bankruptcy estates; functions and systematical functions ofbankruptcy estates; institutional construction of bankruptcy estates; legislativepolicies of bankruptcy estate system.Chapter Two Coverage and Confirmation of Bankruptcy Estates. The Coverageof bankruptcy estates directly determines the creditors can get paid and the degree ofprotection. Based on analyzing various concepts of bankruptcy estates, this paperdiscusses the essence of bankruptcy estate, tries to confirm the coverage ofbankruptcy estate, classifies bankruptcy estates. Chapter Three Management and Distribution of Bankruptcy Estates. Designatingthe different bankruptcy property management modes The value during thebankruptcy property in the bankrupt procedure is critical. Explores methods torealize the maxima of bankruptcy estates through analyzing the duties andmanagement of the estate controllers. At last, this paper develops specific analysis ofbankruptcy estate distribution considering related factors.Chapter Four Rethinking of Chinese Bankruptcy Estates System. This paper triesto harmonize the interest conflicts among creditors, debtors and social public interestsas the inner value pursue of bankruptcy law by taking the system of corporate limitedresponsibility and regarding bankruptcy estate as objects as premise. This papercompares Chinese bankruptcy estates system with that of advanced countries, so as topoint out: The property rights are not clear; management system is not reasonable;evaluation mechanism is not perfect.Chapter Five Reconstruction of Chinese Bankruptcy Estates System. This papercompares Chinese bankruptcy estates system with that of advanced countries, so as topropose legislative suggestions： to clarify the value ladder of the bankruptcy system;to unite the bankruptcy legal system with bankruptcy estate as core; to establish themarket driven management and distribution system of bankruptcy estate; to establishand improve the matching mechanisms.Conclusion.There should be amendments and improvements of the bankruptcyestate system of Chinese Bankruptcy Law. Since the bankruptcy estate systemhas rich and complicated contents, as the core of bankruptcy law the bankruptcyestate system should be further regulated and systematized for both theoretical andpractical meanings. On the one hand, draw on the experience of American bankruptcylaw and judicial practice, the essence of the precedents in bankruptcy rules.On theother hand, combined with our current state of social development, economicdevelopment pattern and the policy orientation to solve these problems,get thefinal formation of localized solution.