Research On The Accepting Judgment Of The Court In Bankruptcy Case

The Accepting Judgment of the Court in Bankruptcy Case(AJC) is a legal system.It is a process of filing and accepting from dynamic check to static writ,and finally appears as a legal instrument of the court.The AJC plays an important role in the bankruptcy law system and judicial procedure.It is a platform for the parties and other relative entities in the bankruptcy case to negotiate and dispute on the legal issues.Firstly,the AJC has a great influence on all of the entities in the bankruptcy case,even the whole society.The distribution of the rights and obligations reflects the strength balance between the autonomy of the will, government regulation and judicial control.In a market economy environment,the bankruptcy law is a judicial framework to solve the disputes between the debtor and its creditors.As a result,the bankruptcy law is essentially a private law.The civil society must be protected from public power.Secondly,there contains extremely rich information in the instrument style and trial standards of the AJC.The AJC instrument has various functions,including restriction,persuading and information supply.The judicial investigation on the filing for bankruptcy varies in different countries and jurisdictions.Through a horizontal and vertical comparison, we can see that,in modern society,western developed countries focus mainly on procedural matters,and their Court's position is also very clear, permitting the civil parties more initiative authority. Thirdly,from the perspective of the demonstration and practice, China's AJC system has very distinctive characteristics and particularly complex functions.Its judicial investigation on the filing for bankruptcy is extraordinarily strict and specific.Along with the promulgation and implementation of the market-oriented bankruptcy law,we should reform the judicial accepting system for bankruptcy cases,and pay more attention to the rights of the parties.In short,the AJC system roots from a country's legislation and judicial practice.During its implementation,the relative entities' social status, behavior,ideologies,and values choice have a tremendous reaction.If we intend to make the AJC system a thorough transformation,a more detailed observation for the Chinese situation and more adequate confidence and courage will be needed.