Insolvency Law Theory And Research Assessment Of The Practical Problems

Bankruptcy law, which deals with many aspects, is the union of the Entity Law and the procedure law. .This article systematically deals with the central problems and the heart matters related to Chinas Bankruptcy law in a relative sense .During this process, the experience of other countries, especially the western countries?bankruptcy law is used for reference; and the summaries are made on the lessons in the application of the china抯 bankruptcy legislation and the present bankruptcy law; this article suggests the corresponding advice on china抯 bankruptcy legislation to starve to get ride of the fetters of the traditional sense, considering the junction of the reform of the economic system and the international practice. The first chapter deals with the guiding ideology on china抯 bankruptcy legislation on the basis of the theoretical analysis on the bankruptcy legislation.. Importance is attached to the query on the application scope of china抯 bankruptcy legislation and to the necessity of setting up the personal bankruptcy system. The second chapter is devoted to the fact that the problem of bankruptcy bounds is another problem of many arguments The third chapter covers the following aspects: the query on the deadline for the declaration of the creditor抯 rights in the 3 present bankruptcy law and the basic requests on the basis of equality ,timeliness and thrifty? the advice on corresponding advice .Also this chapter describes the suggestions for reference on the corresponding problems of china抯 bankruptcy legislation in contrast to the cases on the determination of bankruptcy creditor in foreign countries. The fourth chapter deals with the problem of the determination on the bankruptcy assets- Expansibility and Regularity. Because in china the system on the natural person bankruptcy is not carried out ,the seeming expansibility legislation in the present bankruptcy law is actually the regularity legislation. The fifth chapter deals with the following aspects. The law nature for the bankruptcy cancellation right depends on the retroactive effect for the declaration of bankruptcy legislation is a kind of procedural right (the bankruptcy trustees?authority). Its containment is an ineffective action within the bankruptcy legislation .The new bankruptcy law must be based on an integrated bankruptcy cancellation system.