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The Interests Balance In The Bankruptcy Law Of Our Country

Posted on:2006-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:L L CaoFull Text:PDF
GTID:2166360155953905Subject:Law
Abstract/Summary:PDF Full Text Request
The bankruptcy law is the important law of the market economy. The bankruptcy law ensures creditor's rights to get fair liquidation when the debtors go bankrupt. And it Guarantees that the trade goes on smoothly. Bankrupt essence is the reconfigurations of resources. It is important to keep the balance among the creditor's interests, the debtor's interests and interests of the society when we drafted bankruptcy law. Only in this way could we ensure that the resource distribution is orderly and fair. The interests in our country's present bankruptcy law are out of balance seriously, so we must build the bankrupt legal system to get the balance again. In this article, we discuss into this. The first part is the stress part in this article, firstly, the author discuss the main theory on the balance in the bankruptcy. The author introduces the parties involved in the procedure of bankruptcy and the relations of these parties. Then, the author demonstrates building the interests balance is necessary and feasible. At last, the author points out the principle should be followed. In the second part, the author reviews the history of the interests balance in western country and in our country and concludes the objective rules. Then, the author introduces the parties and the interaction among them. Finally, the author draw important characteristic that balanced history of western countries' bankruptcy law interests develops. First, the balanced target is extensive gradually. Second, economic development of the goods and degree of improving determine the interests of the bankruptcy law are balanced. Third, the intension of the bankrupt system is abundant gradually. In the third part, the author puts effort to analyses the phenomena of the interests out-of-balance in the bankruptcy law of our country and the effect on the society. Firstly, the bankruptcy law of our country...
Keywords/Search Tags:Bankruptcy
PDF Full Text Request
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