Study On Bankruptcy Declaration Law System

Bankruptcy declaration is the symbol of the initiation of the bankruptcy proceedings. And after the bankruptcy declaration, the debtor shall become a bankrupt, whereby bankruptcy property and bankruptcy creditor's right will be generated, the bankruptcy trustee will take over the bankrupt enterprise, and the bankruptcy declaration will generate a series of legal effect both in terms of entity and procedure.《Enterprise Bankruptcy Law》legislation to implement the admissibility of the case as the beginning of bankruptcy proceedings, that is, to accept the bankruptcy case of bankruptcy proceedings as a mark of time to apply for bankruptcy as soon as the courts, which have the effect of a series of procedures to start, and declared bankruptcy system link with the , For example, declared bankruptcy before the bankruptcy petition, the bankruptcy case is admissible, and declared bankruptcy after the establishment of the insolvency administrator, a meeting of creditors and the bankruptcy relief operation management and a series of behavior problems.Bankruptcy declarations system legislation exists in other countries better, and with complete implementation of the action as a support mechanism, in the interests of creditors for relief have significant results. The author declared bankruptcy in detail on the basis of the system and the protection of the rights and interests of creditors at home and abroad combined with the reality and put forward concrete legislative proposals in an attempt to Chinese enterprises in the analysis of the current state of bankruptcy legislation and existing problems on the basis of its declaration of bankruptcy procedures and the basic principles on issues such as in-depth discussions and put forward the idea of raising the enterprises bankruptcy system and the legal system.