The Legal Analysis Of Involuntary Bankruptcy

In the early bankruptcy law,Involuntary Bankruptcy is the only form of the application for bankruptcy,the debtor has no right to apply for bankruptcy.The bankruptcy law aimed at protecting creditors,but punishing debtors.Since the 20th century,to avoid negative influence of the unemployment by bankruptcy,the idea that rescues the debtor has become valued.Voluntary Bankruptcy became the mainstream of the application for bankruptcy.To protect the interests of debtor,Involuntary Bankruptcy in our country has not been concerned, even if in the new Bankruptcy Law there is only simple stipulation about it.From balancing the interests between creditor and debtor,Involuntary Bankruptcy and voluntary bankruptcy are the two main forms of application.Because when the debtor cannot pay off the due debt and has no intention to apply for the bankruptcy,Involuntary Bankruptcy is the method that creditor meet own right.Why does the creditor choose this method to meet own rights?Whether to be restricted or not?And how to be restricted?With these questions, the author takes The Legal Analysis of Involuntary Bankruptcy as the paper topic.The author thinks,Involuntary Bankruptcy has the function with the balance the interests between creditor and debtor.The thesis,besides the introduction and the conclusion,include three chapters with 20,000 words at total.The introductory part explores that Involuntary Bankruptcy has the function with the balance the interests between creditor and debtor.But the new Bankruptcy Law only make the simple stipulation about Involuntary Bankruptcy,and not making any limit about Involuntary Bankruptcy,the creditor is easy to apply for bankruptcy malevolently.Therefore,The significance of the researching Involuntary Bankruptcy has theoretical and practical meanings.Chapter One points out the significance of Involuntary Bankruptcy,and analyzes the reasons that creditors apply for bankruptcy.The author draws such conclusion:Involuntary Bankruptcy has the important status,and help to balance interests of creditor and debtor.Why does creditors apply for bankruptcy?Because,when the debtor cannot pay off the due debt and has no intention to apply for the bankruptcy,to avoid continuing to worsen debtor's financial situation,the creditor can meets rights by applying for bankruptcy.The second chapter explores the reason and the content to restrict Involuntary Bankruptcy.The reason is to balance interests between creditor and debtor.Therefore,the claim of the creditor applying for bankruptcy must be restricted.Chapter 3 analyses Involuntary Bankruptcy of China.Compared the new Bankruptcy Law,Involuntary Bankruptcy in the new law is more fair and refined.The new Bankruptcy Law made elaborate designs of facilitating the application of creditors.But there are a lot of drawbacks and limitations in the new law.Therefore,the thesis points out that we should construct a new system in which the application by creditors is restricted.