On The Confliction And Balance Of Interests In Bankruptcy Distribution

One of the functions of law is balance the interests.This paper begins with analysis about the various legal subjects involved in the bankruptcy proceedings from the perspective of the jurisprudence of interests. As a formal system of regulation, Bankruptcy Law designs the rules of balancing the interests to achieve the value of its legislation by the mandatory adoption of national legislation. The value of the insolvency law legislation has been evolving since it generated. After reviewing its history, this paper focuses on the analysis of the overall objective as well as the specifics goals of the modern bankruptcy law. The distribution order of insolvent property, which varies between anglo-american legal system and civil law system, intensively reflects the balance of different interests.On the basis of summary and comparison of rules of the two large law systems and representative nationals,I will start to discuss the institutional arrangement of distribution order of insolvent property in our country,especially the focus of controversy in the course of drafting the new bankruptcy law. Besides, the trial results of the Sanlu case reminds me of the damages creditors'certain priority in the distribution order of insolvent property. On the basis of reference to similar cases at home and abroad in the relevant legal provisions and practical operation, recommendations in line with China's national conditions can be proposed. So we can get a more comprehensive insight into the distribution order of insolvent property under the framework of China property settlements.Finally, given the special nature of financial institutions, a chapter will be dedicated to discuss the order of distribution of the estate of China's financial institutions.