Studies On Jurisdiction In Cross-border Insolvency

Jurisdiction of Cross-border insolvency is the first question we should consider, and it is also a blank in our legislation. From 20 century, following the deep of the international-trade, legislation about the insolvency has keeping on maturity, however, in China, the relevant adjudications and relevant legislations came forth from 1980s. This article integrates the theories of scholar inside and outside the domain of People`s Republic of China, then analyses the cases which have great influence inside and outside the domain of People`s Republic of China. Compare of the international unite legislations and other legislations and adjudications of the relevant States and areas in this field, and try to table a proposals for manturity of the institution of Jurisdiction of Cross-border insolvency.There are six chapters in this article over thirty thousand words.Chapter one is on the concept of Cross-border insolvency, its coming into being and the tend of its development. The confirming of this concept in China has taken a long time. From transnational bankrupt to Cross-border insolvency, now in the field of law has form the genre theory which is dominated by Cross-border insolvency; Production of cross-border insolvency from a vaguely defined as the progressive phase of the wave of economic globalization has become an increasingly prominent feature of, more complex, more and more influential, in particular the arrival of the global financial crisis in 2008 when the spate of cross-border insolvency cases, the legislation proposed by China under the new situation challenges.Chapter two is on research value of the Jurisdiction of cross-border insolvency, explore cross-border insolvency cases of conflicts of jurisdiction arising from a variety of reasons. Jurisdiction over cross-border cases to determine whether the smooth opening of the trial for the cases of great significance. Especially in the complicated bankruptcy cases, which is even more need for clear legislation to determine the cases of application of the law to ensure that the final judgments can be enforced. The causes of the conflict of jurisdiction is mainly divided into two types, one is based on the original legislation between different countries in different conflicts, while the other is in the absence of relevant legislation, the state based on national interests involved in the case jurisdiction for the protection of competition and conflict. Chapter three presents a cross-border insolvency jurisdiction over the issues involved, including the jurisdiction to determine standards and parallel insolvency. Author made reference to the famous jurist on cross-border insolvency jurisdiction of the standard theory, summed up the generally applicable to the major link to point, and parallel causes of bankruptcy, concepts and performance, and other abuses carried out a comprehensive detailed analysis. Pointed out that the cross-border insolvency jurisdiction to determine standards and parallel insolvency properly solve the problem is to study the cross-border insolvency jurisdiction must face two problems.In chapter four , author directed at the third part of the two major issues raised in the existing international, national legislation based on the integration of existing precedents made two kinds of classical solutions. First, the appropriate jurisdiction within the country self-limiting. Author refer to Canada, the United States and other countries cross-border insolvency practice, modern international comity as the main theoretical basis is proposed to achieve between a "win-win", within the country must be to the extent appropriate for their own jurisdiction at the appropriate limits. Second, international cooperation, including international harmonization of legislation and international cooperation in the narrow sense. "United Nations Commission on International Trade Law Model Law on cross-border insolvency" and the "rules of the EU insolvency proceedings" is an existing, more typical of the field of international harmonization of cross-border insolvency legislation, while the Maxwell Communication Corporation was narrowly re-engineering of international cooperation in the case provided a a strong precedent for support.Chapter five is about China (mainland) in the field of cross-border insolvency legislation and practice. I mainly from mainland China cross-border insolvency in the acceptance of jurisdiction over the keys to determine when cross-border insolvency cases and our recognition and enforcement of other countries or regions when the review of the jurisdiction of the two-pronged approach, through the back of China's cross-border insolvency the constant improvement in the evolution of the legislative field, while analysis of the Shenzhen branch of Bank of Credit and Commerce International in bankruptcy proceedings in our country the situation on the existing legislation and improve the application of jurisdiction to present their views and recommendations. In the recognition and enforcement of judgments in case after case in Guangdong Province, in particular the implementation of the Italian court case for our expansion in this area provides a wealth of material, leaving a lot of valuable experience.Chapter six is conclusion. To the content and meaning of the article to sum up and sublimation.