The Analyze Of Bankruptcy Effects Beyond Territory

China has come on a new bankruptcy law.Any bankruptcy law can't avoid the question of the bankruptcy effects beyond territory.The essay applies different researching methods to the study of the three kinds of theories on the bankruptcy effects beyond territory and advances some suggestions,expecting to perfect the new bankruptcy law.It is divided into four parts,including thirty five thousand words.Part one talks about the legislation and practice of the bankruptcy effects beyond territory in China and puts forward some legislation suggestions.China is short of the law rules on the question that must be perfected.Part Two is about the theories on bankruptcy effects beyond territory.There are three theories:the Territory Principle,the University Principle and the Eclectic Principle.The Territory Principle places great emphasis to protect the right of the creditors in its own country.But it denies the bankruptcy principle of distributing the properties fairly among all the creditors.According to University Principle,bankruptcy in the debtor's residence has the effects on all the debtor's properties.There is only one bankruptcy procedure for a debtor,so it's more efficient.But it depends on the cooperation of other countries.It's difficult to search for the debtor's properties in other countries.The Eclectic Principle looks forward to taking an unbiased road.Part three talks about the International Legislation trend of the bankruptcy effects beyond territory.It contains two viewpoints:First,the spread of the University Principle.Japan,as an example of territory Principle,is drawing close to University Principle.Germany,as an example of Eclectic Principle , is drawing close to University Principle too.Secondly,the unifying movement of the transnational bankruptcy law.UNCITRAL drew up an example transnational bankruptcy law.Regional treaties on transnational bankruptcy,especially in European countries,have promoted the movement.Many countries have signed some contracts to solve the question of the bankruptcy effects beyond territory.Part four talks about a comment and improvement solution to the new bankruptcy law . Regarding the jurisdiction , assistance to foreign bankruptcy procedure and foreign creditor,our new bankruptcy law does not have specific regulation.The new law should improve regarding the guiding principle , concluding and attending some bilateral or multilateral treaty,China's admit to foreign bankruptcy declaration and execution etc.