The Protection Of The Power In The Bankruptcy Procedure

The bankrupt law is called the economic constitution in the west, it resolve the market withdraw and reborn problem of economy corpus. Therefore, the condition of perfection and carrying out of the bankrupt law system symbolize the level of a national market economy development. The core of bankrupt law system is to be returned back equally of each creditor, the person of the warrant power can be performed in bankrupt procedure. Under the condition of our country, because of being subjected to the low social total economy development level and the supervision of system of the society, the business enterprise can't optimize the capital structure excellent win inferior discard. The bankrupt law carry on excellent turn the capital structure, promote the industrial structure adjust and build up the social political mission of the modern business enterprise system, the law function that it should have drive misty, it caused 1986 of The Bankrupt law became the Chinese current law in the most unworthy law. Creditor at the business enterprise is bankrupt the legal rights is damaged, relieving the path to get difficulty, the debtor and the social reputation of the government is to be the serious imperfection, court of the people is also very embarrassed between the administration bankrupt in the policy request and the worthy of pursuing to the law bankrupt.The promulgation of the new bankrupt law make policy bankrupt head for bankrupt by law, and adjusted the international current to lead to go in to regroup the system, it symbolized real establishing of our country business enterprise bankruptcy. Though officers and workers' legal right be better than the warrant power will be exist at a certain period, but the new bankrupt law explicit it's over period. The biggest obstacle of bankrupt case of business enterprise to be nonexistent, court drive can recover. But because of the special state of China, the influence facts of the bankrupt law is still exist, there are many problems about the protection of the warrant law need the further research.This thesis is about the protection of the warrant right in the bankruptcy procedure,...