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On The Mechanism Of A Meeting Of Creditors In Bankruptcy Proceedings

Posted on:2012-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:T J SuiFull Text:PDF
GTID:2206330335497576Subject:Law
Abstract/Summary:PDF Full Text Request
As a market exiting mechanism, bankruptcy system occupies an indispensible position in the building and improving process of socialist market economy. The creditors meeting is an important form of the creditors'autonomy in bankruptcy process. Enterprise Bankruptcy Law of Republic of China also makes stipulations on the creditors meeting mechanism. Compared with the old Bankruptcy Law, the new Bankruptcy Law makes a great modification on such mechanism. But compared with the relative legislation of other countries and regions, the creditors meeting mechanism in China still exists many deficiencies, which leading much inconvenient during legal study and practice. Therefore, the function of the creditors meeting depends on how to define the character of the creditors meeting, how to improve its function and operation process, how to build a sound supervision system of bankruptcy.Under such background, the author selects the creditors meeting mechanism in enterprise bankruptcy process as the subject of this paper. In Chapter One, the author introduces the legislative basis and value of the creditors meeting mechanism. The introduction starts from the definition of the creditors meeting, in order to make the intention of the creditors meeting clear, and then discusses the members of the creditors meeting, in order to make the extension clear, and make a conclusion on the realistic significance of the creditors meeting, i.e. the creditors meeting is an interest security mechanism, an efficiency improving mechanism, an supervision mechanism of bankruptcy, and helpful to settle the subject absence problem.In Chapter Two, the author mainly discusses the jurisprudence foundation of the creditors meeting. On the one side, in the vision of substantive law, the author studies the necessity, reasonability and deficiency of interest-balance mechanism, by analyzing the subjects of interest and conflicts of interest in the bankruptcy process and discussing the core value of bankruptcy legislation. On the other side, in the vision of procedure law, the author discusses mandatory autonomy mechanism in the aspects of its basic course, the reasonable foundation, the deficiency and improvement. Above all, the author makes a systematic study on the jurisprudence foundation of setting the creditors meeting from the policy objection of bankruptcy legislation and its operation mechanism. In Chapter Three, the author makes a discussion on the legal status of the creditors meeting. Based on the study and discussion in Chapter One and Chapter Tow, the author gives the personal opinion of the legal status of the creditors meeting. Based on such an opinion, the author makes a further analysis on the relationships between the creditors meeting and the creditors, the debtor, the trainee in bankruptcy and the court, points out shortcomings in current laws and proposes modification suggestions.In Chapter Four, the author makes a judicial investigation of the creditors meeting and makes commons on the improvement of legislation. At first, the author introduces the current practice station of the creditors meeting in bankruptcy cases, finds the function absence problem of the creditors meeting, analyzes its causes and proposes improvement suggestions, i.e. clarifying the role definition of the creditors meeting, improving its functions and changing the manners of working.
Keywords/Search Tags:Bankruptcy, Creditor Meeting, Interest Balance, Mandatory Autonomy
PDF Full Text Request
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