A Limited Comparison Of The Bankruptcy Laws Of The P.R.China To U.S.

Law of bankruptcy is correlative from market oriented economy, On the one side, law of bankruptcy is an adjust market kingdom principal part and an oriented economy expression of survival of fittest in the law. On the other side, law of bankruptcy plays an important role in the regulation market economy. To maintain this, the legal rights and interests of obligors and obliges and to enliven the mechanism and development of market economy perfect legal system of bankruptcy is needed for the establishment of socialist market oriented economy. But current laws of bankruptcy in the mainland of china depend on 20years the corporation bankruptcy dealing according to this correlation rule of the law. Rewrite this sentence unclear Has long way of reconstruction and perfection to meet the needs of economy development contrasted with law of bankruptcy in the mainland, that's united states, law of bankruptcy part of section is much perfection and has a lots of to be borrowed, therefore on the basis of comparative use for referenced study on law of bankruptcy between the mainland and states this thesis aims at being beneficial to perfection of law of bankruptcy in the mainland, this thesis be composed of six parts.Part one: is a comparison of legislation system of law of bankruptcy first summarize incomplete sentence rewrite, American legislation for law of bankruptcy between these three areas, two perspectives are enrich here, on the one hand, after the Introduction of current situation formation and origin of the legislation style of law of bankruptcy in state respectively its three advantages are brought out. Rewrite bad grammar Part two: is a comparison of causes of bankruptcy in these three areas by comparatively different legislation system repudiation creed and existence pattern by process and analyze rich content and perfect provision with high portability; advance for stop payment and incapable verity.Part three: is a comparison of competence of bankruptcy capacity regulate is beg different, in other side the summary for personal bankruptcy, ownership bankruptcy, and partnership bankruptcy also legatorial bankruptcy etc. the low of bankruptcy in the mainland its too imperfection are discussed, confusing legislation style and fewer provisions with lack of portability, then author puts forward some advice for the mainland's borrowing form state law.Part four: is a comparison of cases jurisdiction between these two areas with a brief summary of these legislation modes on the jurisdiction of bankruptcy various countries, comparative study of the prescription of cases, jurisdiction in law of bankruptcy between two systems, and the imperfection of the mainland on that key point Are analyzed and measure of perfection are provide. Finally, there is a further exploration of"obligors"place of live an ambiguous concept in them.Part five: is a comparison of crimes of bankruptcy several legislation modes on bankruptcy crimes in various countries are summarized, with the prescriptions of bankruptcy crimes in these regions, the follows is an analysis of imperfections the law of bankruptcy in mainland concerning this, the key point and content advice on legislation.The conclusion gives a study of the imperfection in the current law of bankruptcy in mainland on the whole and offers. Measures for perfection are as follows:First, remove any deviation in thought, should be corrected and the function of law of bankruptcy, market economy, development control of essentiality.Second, legislation system should be unified and uniform stature books of bankruptcy be made, which is summarized in many aspects;Third, strengthen complete legal system, by execute the law. Increase and speeding up, the constriction of legislation related with bankruptcy and by the establishment of"court of bankruptcy cases"in court make at different levels.