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The Discussion Of Bankruptcy Credit

Posted on:2007-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2166360185457721Subject:Civil and Commercial Law
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"Bankruptcy law of Enterprise of the People's Republic of China(try)",promulgated on Dec. 2 1986,was the first law of bankruptcy in China. It was called the one of Chinese character because it was only applicable to state-owned enterprises. The nineteenth chapter"procedure of bankruptcy to repay debt of enterprise"of"law of civil litigation"revised on Apr. 9, 1991, was applicable to all corporate enterprises except state-owned enterprise. These two laws compose a entirety and preliminarily form our country's bankruptcy law system. During the following years, the government promulgated several important documents to solve the problems of enterprise bankruptcy and to protect the employee. 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 law system is a system of market economy, its main function is to promote metabolism of economic society by law. 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...
Keywords/Search Tags:Discussion
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