Research On Several Issues About Foreign Bankruptcy D Eclaration Effects Beyond Territory

Research on bankruptcy declaration effects beyond territory is a important issue in the international area. With economic development and closer economic exchanges around the world, China become more emphatically on the issue of extraterritorial effects of bankruptcy declaration. " Law of the People's Republic on Enterprise Bankruptcy" Article V the first time provisions the issue of the extraterritorial effects of bankruptcy declaration. But it has not supporting measure as entity systems and procedures systems. Through the analysis of the present legislation and judicial practice in China, and drawing on advantageous legislative experience, to improve our provisions on foreign bankruptcy declaration effects beyond territory. The text is divided into the following sections:The first part has a overall description of bankruptcy declaration effects beyond territory, and analysis reasons of this problem, such as the economic, social, legal reasons and so on. General description of the three kinds of theory views on bankruptcy declaration of the extraterritorial effects, and China's current choose in legislation.The second part of the text mainly draws on the legislative practice of bankruptcy declaration effects beyond territory between inter-districts. This part introduces two documents, one is the Council regulation on insolvency proceedings of THE COUNCIL OF THE EUROPEAN UNION, and another is the UNCITRAL Model Law on Cross-Border Insolvency. Then brief introduces the provisions of China's Hong Kong, Macao and Taiwan.The third part point out the entity system needs to improve from three aspects: assets from the insolvency, bankruptcy representative and other special cases such as insolvency of Cross-Border companies and Cross-Border financial institutions, personal bankruptcies.The fourth part of the text analyses the jurisdiction of bankruptcy case, recognition and assistance in reorganization and reconciliation procedure, the procedural steps of recognition and assistance in China. Through analyses these problems, the text gives suggestions on perfect the procedure systems of bankruptcy declaration effects beyond territory.The fifth part base on the analyze of entity system and procedures system and give some suggestions for further advice to build a institutional system of bankruptcy declaration effects beyond territory。...