On The Constitution & Judicature Of The Set-up Bankruptcy Procedure

Market Economy cannot do without fair competition, which will inevitably bring about the phenomenon of survival of the fittest to the subjects of market economy. The sole task for the modern bills of bankruptcy is to protect the legal rights of the creditors and to balance the interests between the creditors and the debtors as well as the interests of the society through legal procedure of bankruptcy. How to start the procedure of bankruptcy should follow the law system .The procedure of bankruptcy involves two big sectors: petition in bankruptcy and the acceptance and declaration of the court with respect to liability for bankruptcy, reason for bankruptcy and petition in bankruptcy. But concerning these three sectors there are still some problems in the administration of justice .The setup of bankruptcy procedure is discussed systemically in comparative study method in the dissertation in order to arouse more attention and encourage practical solutions to the problems.In the first part of the dissertation, a description on the definition and features of liability for bankruptcy, reason for bankruptcy and petition in bankruptcy are presented. Then the characteristics and laws of development of the setup of bankruptcy procedure are analyzed based on the study of its origin and evolvement.In the next part, a new requirements structure of the setup of bankruptcy procedure are put forward to after an overall review of legislation and cases in China, other countries and regions, and an analysis of theories and principles in this field.In the last part of the dissertation, the deficiency of the setup of bankruptcy procedure system are also analyzed, and then a new legislation proposal is envisaged, based on the situation and demand of China with the successful legislative experiences of other jurisdictions for reference.The most remarkable features of the dissertation consist of:The first is the comparative method taken in the dissertation, comparing the differences of legal systems in ancient time and modern society in China and foreign countries, and probing the track and features of development of the setup of the bankruptcy procedure.The second is the positive method taken in the dissertation. The setup of the bankruptcy procedure .is discussed not only theoretically but also in way of positivism. The legal system and relevant cases in Anglo-American law and civil law countries of different times are also reviewed in order to take out some principles scientifically.The third is the purpose of this dissertation is to improve the relevant legislations and practices in China. On the investigation of the setup of the bankruptcy procedure in our country, the dissertation focuses on the deficiency of the setup of the bankruptcy procedure and new requirements of the setup of the bankruptcy procedure in our country are presented and expounded in the dissertation.