Study On Issues Relating To International Private Law In Cross-border Insolvency

Compared with bankruptcy law which has a long history of development, cross-border insolvency belongs to a new thing, but after appeared, it soon becomes one of the focuses in the bankruptcy law study and continues to today. With the process of Chinese economic globalization, cross-border insolvency cases are increasing. But in our country, theoretical research lags in this field, relevant legislation is need to improve and judicial practice are not uniform.Cross-border insolvency concerns with many legal issues, discussion in this paper spread from the perspective of international private law. The full thesis consists of three parts: introduction, main body and conclusion. Chapter One, as introduction to this paper, makes a brief glimpse on the importance and status quo of cross-border insolvency law research, stating the writing reason. The main body is Chapter Two to Six. At first, in Chapter Two, the author expounds the concept of cross-border insolvency and the general theory, states that the new pragmatism should be the right direction for future development and leads to international private law perspective. Then, Chapters Three to Chapter Five elaborate on three core problems of international private law in the cross-border insolvency, namely, the jurisdiction of the cross-border insolvency, choice of law in the cross-border insolvency, the recognition and enforcement of foreign insolvency proceedings respectively, in order to deepen study of the issue. Finally, Chapter Six introduces the status quo of cross-border insolvency legislation and judicial practice in our country in detail, and presents some legislative suggestions. Conclusion sums up the research findings, outlines the basic viewpoints.Although the cross-border insolvency faces many problems, international cooperation in this regard has become a universal consensus. In this area, actively international coordinated efforts have begun, and will never end!...