On The Treatment Of The Insolvent Properties And Relevant Legislation Thought

Law of People's Republic of China on Enterprise Bankruptcy (for trial) enacted in the year 1986, has been put into use for 18 years. As the limitations of the historical conditions and the weakness of the theoretical preparation, the corporate bankruptcy law inevitably has a lot of drawbacks, and it is out of time. Our country has been in the WTO for 3 years, the factory also faced brand-new circumstance of the market competing, accordingly the law system must be amended, especially corporate bankruptcy law also faced with open completive international criterion's challenge. In the resent year, the development of international corporate bankruptcy law is faster and faster. The criterion of the bankrupt system and procedure is more and more identical. At the same time, the present situation of the bankrupt law system of our country also called for the arriving of new bankruptcy law. In June of 2004, Law of the People's Republic of China on Enterprise Bankruptcy discussed and passed by Finance and Economic Committee of the National People's Congress has been submitted to congress for approval. Insolvent property is a core category of the bankruptcy law, is the material basement of the bankruptcy procedure, also the material guarantee for the bankruptcy creditors acquire discharge, it's an important segment of whether the bankrupt corporation is effective research on insolvent properties system, but there's little systematic research on it. This article discusses the connotation, the law nature, the scope as well as the disposal of the insolvent properties, based on the legislation experience aboard, combining with the bankrupt law draft recently, and rise up the legislation suggestion accordingly, in order to cause theotrical and real meaning to the insolvent property law system.