Hearing Bankruptcy Cases Of Legal And Practical Problems

This thesis is divided into three sections.Seotion I. This section is concerned with the concept and the value of the bankruptcy law and introduce briefly the bankruptcy law of China and the work of the people's courts in settling the bankruptcy cases. The problems therefrom are following: the interference from the People's Government and the inproper application of the law, etc.Section 2: The author illuminates the drawbacks of the present insolvency law of China on the reasons of insolvency law of China on the reasons of insolvency, liquidator, creditor-meeting and the principle of modification of the said institutions. Firstly, on the reasons of bankruptcy, I introduce the regulations both in Continental and Civil laws, analyse the shortcomings of those regulations of our country and illuminate the necessity to regulate that when the company's cash flow has been that it is unable to pay it's debt as they fall due the corporate has attained the position of actual insdvency. Secondly, on the liquidator, I illustrate it's concept, the shortcomings of the present legal rules about it and the obstructions the liquidators face when settling the bankruptcy cases. This thesis also compares the general provisions on liquidutar in the advanced countries andthose of China. Thereon, the author studies how to protect the institution of liquidator by incorporating the selecting,the quatification, duty and legal status of liquidator. Thirdly, the author believes that the creditor-meeting has some autonomies. To fulfil the creditor's right to participate in the bankruptcy precedure. We should strengthen the creditor-meeting's right of hearing the report, selecting and appointing the standing supervisory organ, deciding to exercise or cease the business, instructing the management way of the insolvent estates, etc.Section 3: The author analyze the difficulty before the people's courts as well as the remedies to be handled. Firstly, I illuminate the liabilities of the share-holders of not-fully-paid shares and therewith the liabilities of registar-the Industry and commerce Bureau of administrahtion. Secondly, I agree that it is common to meet objections in bad faith to the right of aparting from those items exempted by law as well as the remedies for that. Thirdly, on the procedure to trace and recover credit owned by the bankrupt and how to realise the estate, I propose that remedies available be proved according to the very credits and establishing the liquidator-centralized institution of treating the bankruptcy estates, furthermore lessen the respons bitities trereof the people's courts sustain. Foutrly, this tresis discusses the drawbacks lie in the present bankruptcy procedures and make a proposal of setting up the manners by courts to examine the objections to bankruptcy, i.e solutions available to the very objections and strengthen the supervision on trial of bankruptcy cases.