Study On The Scope Of The Automatic Stay In Bankruptcy

In order to assure the bankruptcy proceeding can be carried through smoothly and the equal interests of the creditors,most Bankruptcy Laws use the automatic stay to suspend all activities of almost all entities.The scope of the automatic stay determines which activities to be suspended and which activities to be excluded.Reasonably defining the scope of the automatic stay plays an important role to achieve the aim of the bankruptcy law and the bankruptcy policy in the specific period.It is the emphasis of this paper.Specifically speaking,this essay includes five chapters:Chapter1:Basic theory of the automatic stay and its scope.By discussing the concept and the emergence,and the concept,the definition and the meaning of the scope of the automatic stay,this chapter defines discourse domain,and indicates the academic value and the necessity.Chapter2:Principle of defining the scope of the automatic stay.By studying the applied activities,analyzing the legislation model, considering the aim and role of the automatic stay,this chapter sets a new criterion for defining the scope of the automatic stay.More,the scope stands for a kind of option value,which stands for different value orientation.Different scope may be defined in different societies,law different regions and different periods.Chapter 3:Analysis of the applied activities of the automatic stay. This chapter bats around all kinds of activities applied to the automatic stay,researches successful experience of different countries' legislation, and analyses its disadvantages,to define the boundary of the automatic stay to each activity.Chapter 4:Analysis of exceptions of the automatic stay.By analyzing exceptions of the automatic stay,this chapter tries to further define the scope of the automatic stay from another aspect.There are a lot of provisions about exceptions of the automatic stay,and these provisions are crossed.All kinds of exceptions are classified to research.Chapter 5:Self-reflection to Chinese legislation.Provisions related to the automatic stay in Chinese Bankruptcy Law have some problems.This chapter discusses causes of these problems,and puts forward suggestions.