The Discussion Of Bankruptcy Credit

"Bankruptcy law of Enterprise of the People's Republic of China(try)",promulgated on Dec. 2 1986,ended the history of lacking bankruptcy law, and was the starting point of development of bankruptcy. This bankruptcy law was applicable to state-owned enterprises. The nineteenth chapter "procedure of bankruptcy to repay debt of enterprise"of "law of civil litigation"revised at April 1991, was applicable to all corporate enterprises except state-owned enterprise. This two laws compose a entirety and preliminarily form our country's bankruptcy law system. But ,since the nearly twenty years after the bankruptcy law was promulgated, as the deep-going of economic reform, the reform aim of market economy system has established, and the economic and societal situations has taken great changes. The basic principles and the procedure systems which were established in bankruptcy law already haven't suited needs of the times, and have influenced the adjustment of bankruptcy relation. Bankruptcy credit is one of main content that revising work of bankruptcy law and needs special consideration. Because, as a main attendant of bankruptcy case, that a person is bankruptcy creditor or not, is decided by possessing credit of bankrupt or not; how much rights to vote is decided by the amount of bankruptcy credit; how much amount that credit of bankruptcy is paid is decided by the distribution sequence of bankruptcy credit and the amount of bankruptcy estate. But,As for bankruptcy credit, there are many legislative blank and blind spots, and operation is poor. Concretely speaking, the field of bankruptcy credit is narrow and lagging, distributive sequence of bankruptcy credit is rough, stipulations of report are rigid, stipulations of affirmation exist contradiction, stipulations of rational calculation is poor. That article starts from legal characteristic of bankruptcy credit, deeply analyses the defects of existing law about bankruptcy credit, consults the legislation of bankruptcy credit in other countries (area), probes the perfection of our country's bankruptcy credit, and may benefit the study of bankruptcy law and the practice of judicature. Besides foreword and postscript, this article is divided into three parts, amount to about 35,000 words. The first part: the theoretic basis of bankruptcy credit. Content include the intension and legal characteristic of bankruptcy credit. Bankruptcy credit is substantial and procedural. Substantial bankruptcy credit is the basis of procedural bankruptcy credit, and substantial bankruptcy credit has meaning of bankruptcy law only after turning into procedural bankruptcy credit. Only observation from substance and procedure, we can understand the intension of bankruptcy law. As a special creditor's rights come from general creditor's rights when debtor is bankrupted, bankruptcy credit has its specially legal characteristic except general legal characteristic. The second part: the stipulations about bankruptcy credit in existing bankruptcy law and the discussion of the defects in existing bankruptcy law. This part is divided into two sections: Section one: analyse the stipulations on existing bankruptcy law and its judicial interpretation. Section two: discuss the defects on existing bankruptcy law and its judicial interpretation. As for bankruptcy credit, there are many legislative blank and blind spots, and operation is poor. Concretely speaking, the field of bankruptcy credit is narrow and lagging, distributive sequence of bankruptcy credit is rough, stipulations of report are rigid, stipulations of affirmation exist contradiction, stipulations of rational calculation is poor. The third part: the reconstruction of bankruptcy credit. This part is the emphasis of this article and is divided into three sections: Section one: the distinct scope of bankruptcy credit. This section mainly analyses the stipulations of bankruptcy credit in existing bankruptcy law and its judicial interpretation, and discuss relevant bankruptcy credit detailedly. Consulting the stipulations ofbankruptcy credit in other countries(area),this article put up with the system of inferior bankruptcy credit. Section two: the perfection of stipulations of report ,affirmation and calculation. Based on comprehensively research of two systems, this article put forward that stipulations of report should take doctrine of judicial decision. And give concrete stipulation about overdue report. Because of the contradiction of affirmation, the power to affirm bankruptcy credit should award to court. As for the calculation of bankruptcy credit , this article mainly analyses undue and unclear bankruptcy credit, and puts forward concrete ways to calculate. Section three: the reconstruction of distributive sequence of bankruptcy credit. This section draws into preferential right which is not clearly stipulated in our existing law. Based on the analysis of concept and category of preferential rights, consulting the stipulation in laws of distribution in other countries (area), this article put forward suggestion for sequence of bankruptcy credit in our country: the first sequence is preferential bankruptcy credit (exclusively and general bankruptcy preferential bankruptcy credit); the second sequence is general bankruptcy credit; the third sequence is inferior bankruptcy credit. As this article detailedly analyses the content and sequence of preferential bankruptcy credit, it gives analysis to credit of tax revenue.