Of Our Country Judicial Practice Bankrupt Property Assert And Relevant Thinking Of Problem

The bankrupt property means discharging the property of bankrupt paying one's debt for going bankrupt in accordance with the procedure of bankruptcy, it is a legal system which occupies the key position on bankruptcy law. The administration of justice of the bankrupt property asserts that should be followed and protected creditor's interests fairly , guarantee such principles as bankrupt property integrality , creditor's rights realize maximizing and clearing to the bankrupt fairly . For this reason, this text launches describing from three following respects. First, has explained the general theory of the bankrupt property. I think that the bankrupt property possesses the characteristics of the following law:It must be all of bankrupts or arrange independently,in the time that the law expresses regulations and space range, forbid detain, directly control grasp by bankrupt caretaker , with carry on to creditor fair to discharge for property of bankrupt of purpose. Second, to the bankrupt legal understanding and applicable to about the fact that the bankrupt property stipulates of system in our country. Analyse policy go bankrupt with going bankrupt in the bankrupt property asserting the difference on policy at first; Secondly, with policy bankrupt as example, and exceptional situation it goes on to be comparatively detailed enumerate and comments to bankrupt composition content of property. Third, the thinking of the relevant problem in the administration of justice is asserted. In legislating, the defect exists to the regulation of the range of bankrupt property time, propose adopting the regular legislative principle of doctrine; The regulation to thebankrupt property space range still belongs to the legislative blank, propose adopting legislative principle of popularization doctrine limited; To go bankrupt regulation of property have appropriate place. for example"already as property of collateral bankrupt property"regulation.On the practice, it should be the bankrupt property to the state-run land right to use of bankrupt enterprise, debtor on how about confirm standard that finish before being bankrupt relevant property, what a difficult problem carrying on analysis and discussion of recovering etc. the investments abroad of bankrupt enterprise should be! The purpose of this text lies in practising the administration of justice and the new bankruptcy law afoot legislate to play a role in casting a brick to attract jade.