Remarks On The Scope Of Bankruptcy Property

Bankruptcy Law is an important law in the regulation of market economy, which is greatly related to the balance between bankrupt and the creditor, the function of economy system and the stabilization of the society. Legal rules and regulations on bankruptcy property is one of the main contents, which is associated with the realization of the benefit of the creditor. Bankruptcy property, which is also referred to as bankruptcy financial group or bankruptcy estate, is the object of the relations of bankruptcy and liquidation. The scope of bankruptcy property is a key content among these rules and regulations. Every bankrupt want to realize their creditor's rights through the procedure of bankruptcy. Therefore, how to confirm the scope of the bankruptcy property will have a direct impact on the vital interests of the bankruptcy creditors.Enterprises Bankruptcy Law of People's Republic of China (trial) was established in 1986 and implemented in 1988. It was worked out under the planned economy system, so it was full of administration color, and there are many deficiencies. For example, the items of the rules are too brief; the contents are too blurred with much flexibility, so it's lack of maneuverability; the structure is not scientific or reasonable enough. For years, our country has been amending the law and in busy preparation for drafting out a new Bankruptcy Law containing bankruptcy procedures and entity. It was in August 27th, 2006 that a new Bankruptcy Law was passed in the 23rd meeting at the 10th National People's Representative Standing Committee. The new law will be put in force from June 1st, 2007. It will fully embody the demands of market economic development during the shunted period and well reflect the competing procedure and result among benefit groups, so as to lay a solid law foundation for the perfection of the market economic circulation system.There are several adjustments in the new law. For example, firstly, it modulates the discharge order so as to protect the legal benefit of the creditors. Secondly, it broadens the application qualification for bankruptcy so that the party can take advantages of the bankruptcy procedure. Thirdly, it regulates the effectiveness of bankrupt's foreign property. Fourthly, it adds the Official Receiver System so as to lessen the loss of enterprises bankruptcy in the maximum. However, influenced by the legislative theory, that is, it's better to be coarse than to be fine, the law only offers a system frame and a standard, which needs to be carried out with more specific,perfect regulations such as the scope of bankruptcy property.Analyzing from six aspects, such as the concept of bankruptcy property, its important composing documents, composing scope of legislative patterns, cases not belonging to the scope of bankruptcy property, and unsettled cases, etc, this dissertation aims to give a correct definition on the scope of bankruptcy property, so that we can fairly discharge the creditor's rights and debt, surely protect the creditor and debtor, especially the legal benefit of the creditor.