The Values Of Economic Law In Bankruptcy Law

With the socialist market economic system has gradually established and the continuous deepening of reform of state enterprises, the old Bankruptcy Law, due to the concept of institutional and other reasons, had been seriously not suitable to the new situation of China's economic development. In this context, China promulgated a new "Bankruptcy Law" and came into operation in June 1, 2007. "Bankruptcy Law" as a division of law of the Commercial Law, the nature of its private attributes is undeniable. However, the goal of "Bankruptcy Law" to maintain economic order and social stability determines its impossible to limited to this, and the diversity and inequality of object to been adjusted have also decided to have its certain inevitable economic law value orientation. So from a certain sense, the biggest feature of the new "Bankruptcy Law" compared to the old "Bankruptcy Law" is its more obvious economic law of value orientation."More obvious" mainly manifested in the following four aspects: First, clearly defines the inequality rights and duties between the formal equal subjects (creditors, debtors, investors, etc.) , the differences in treatment between the legal relations subjects made the new Bankruptcy Law beyond the traditional architecture of the civil and commercial law in pursuit of a really fair as the goal, showing that the economic law of value orientation. Second, to face up to real inequality under the false impression of equality between the subjects, in order to rectify this inequality, and safeguard the economic interests of the whole society, Bankruptcy Law introduce the Administrator System to intervene in the original binary market economic relations, forming a three-dimensional economic relationships. Third, the appropriate expansion of the bankruptcy jurisdiction, the people's court in the insolvency proceedings to assume a more important and professional responsibility, the people's court on behalf of the interests of the state and society in bankruptcy cases and the expansion of judicial authority, makes that the wider public authority can interfere with more in-depth economic relations in bankruptcy, this undoubtedly also is a important performance value orientation of economic law in the new Bankruptcy Law. Fourth, the interests of the individual and community conflict resolution mechanisms, the new Bankruptcy Law is society-based, and beyond the interests of specific individuals consider the overall interests of the society, which highlight the value orientation of economic law. The above are reflected in the specific legal systems of the bankruptcy law, and this article is to study this subject, from the value orientation of economic law to analyze the value orientation of economic law which are reflected in the relevant legal systems of the Bankruptcy Law and to assess those relevant legal systems, and then to complete them, so we can better understand of the spirit of Bankruptcy Law, and service for the new Bankruptcy Law to implement and continuously improve .The full text is divided into four chapters: Chapter I of this article preliminary analyze the value orientation of the law and the value orientation of economic law, and got the following conclusion: Bankruptcy Law reflects the values of economic law are the really fair and the whole benefits of the community, and analyze the reasons for Bankruptcy Law adopting the value orientation of the economic law, which will pave the way to the theories for further study of the systems of the Bankruptcy Law as well as the value orientation of the economic law embodied in those systems. Chapter II, III and IV in accordance with the Introduction - Analysis - Perfect idea studies the Bankruptcy Administrator System which is new created, the Reconstruction System and Priority to the Protection of Predictors respectively, as well as research their value orientation of economic law reflected in respective systems. Specifically, the Chapter II conducts a brief introduction to the Administrator from the angle of the really fair and the whole benefits of the community, analyzes the need for the introduction of the Administrator System and its practical significance, followed by comparative analysis the specific structures and main content of the Liquidation Group of the old Bankruptcy Law and the Administrator System of the new Bankruptcy Law, and at last proposes a complete set of views to the Administrator System. Chapter III, firstly, introduces relevant content of the Reconstruction from the angle of the whole benefits of the community, and then compares with the Enterprise Rectifying Establishment System in the old Bankruptcy Law and the Enterprise Reconstruction System in the new Bankruptcy Law to carry out comparative study of the specific content, after that, analyzes of the value orientations of the economic law which are highlighted in the Reconstruction System, and final restructure of the system of defects to make recommendations. Chapter IV, mainly analyze the priority protection to labor claims in the new bankruptcy law from the angle of the really fair and the whole benefits of the community, this part firstly introduces the meaning of the labor claims and its priority, and analyzes the rationality. After that, carries out the basic structure introduction to the priority protection for the labor claims from the scope of protection, principles of protection and particular priority of protection, and finally the system is in many ways to conduct assessments and makes sound recommendations.