Study Of The Creditors' Meeting

Compared with the bankruptcy legislation in foreign countries, some aspects of the creditors' meeting in our country still need to be improved. The correct definition of the quality of the creditors' meeting, the improvement of its function and operational procedure, and the establishment and maturity of the bankruptcy monitoring system are the keys for the creditors' meeting to play a due role in the bankruptcy proceedings.On the basis of the professional characteristics, the author of this paper, a judge engaged in the hearing practice of bankruptcy cases in a grass-roots court, attempts to combine theories of law with practical experiences and analyze the actuality and existing problems of the creditors' meeting in our country through a comparison between the creditors' meeting in our country and the legislation in foreign countries, so as to provide theoretical foundations for the amendment of the bankruptcy law in our country.The structure of this paper advances step by step along the logical thinking route from abstract to concert and general to specific. The first part introduces the quality and practical significance of the creditors' meeting. The second part elucidates the operational procedure of the creditors' meeting. After emphatically analyzing the content and authority of the creditors' meeting and the regulation of the resolution made by the creditors' meeting, the third part probes into some problems in existence. The fourth part presents a tentative plan to establish and mature the institution for bankruptcy monitoring, and puts forward relevant proposals for the arrangement of the creditors' committee.