China, Hong Kong And Taiwan Area And The Mainland Bankruptcy Law, Certain Comparison

Law of bankruptcy is inseparable from market - oriented economy. On the one hand, law of bankruptcy is a product of market - oriented e-conomy and an expression of survival of the fittest in law; on the other, it plays an important role in the regulation of market - oriented economy, to maintain the legal rights and interests of obligees and obligers and to enliven the mechanism and development of market - oriented economy. Perfect legal system of bankruptcy is needed for the establishment of socialist market - oriented economy, but current laws of bankruptcy in the mainland of China has a long way of reconstruction and perfection to meet the needs of economical development. Contrasted with laws of bankruptcy in the mainland, that of HongKong and Taiwan is much perfected and has a lot to be borrowed. Therefore, on the basis of a comparative study on laws of bankruptcy between the mainland, HongKong and Taiwan, this thesis aims at being beneficial to the perfection of laws of bankruptcy in the mainland.This thesis is composed of six parts.Part One is a comparison of the legislation style of laws of bankruptcy between these three areas. Two perspectives are touched here. On the one hand, after the introduction of the current situation, formation and origin of the legislation style of laws of bankruptcy in HongKong and Taiwan respectively, its three advantages are brought out : First , unity of legislation style by establishing uniform statute books of bankruptcy ; second, rich contents and perfect provisions with high portability; third, establishment of special institutions and regulations. On the other, afterthe summary of the current situation and formation of laws of bankruptcy in the mainland, its two imperfections are discussed: confusing legislation style and fewer provisions with lack of portability. Then, the author puts forward some advice for the mainland' s borrowing from HongKong and Taiwan.Part Two is a comparison of causes of bankruptcy in these three areas. To begin with, the author analyzes the advantages and disadvantages of the two legislative modes of bankruptcy causes, i.e. enumera-tionism and generalizationism, and their inter - infiltration in recent years. What follows are the differences of the prescription of bankruptcy causes in these three areas, the imperfections and the author's advice of perfection on multiplicity in the mainland, and a deeper study on the implications of "inability of settlement" and"stop payment".Part Three is a comparison of the competence of bankruptcy in these three areas. With a introduction of the definition and legislative modes of bankruptcy competence, two aspects are studied. One is the great difference of the prescription of bankruptcy competence between these three areas; the other is a theoretical analysis of business subject's competence of bankruptcy, which includes the bankruptcy competence of natural person, legal person, and partnership and legacy. With the study and e-valuation of the second aspect abovementioned, the author brings forth relative advice on legislation and points out that general legislative mode of bankruptcism should be adopted by the mainland concerning bankruptcy competence.Part Four is a comparison of case jurisdiction between these three areas. With a brief summary of three legislative modes on the jurisdiction of bankruptcy cases in various countries, a comparative study of the prescriptions of case jurisdiction in laws of bankruptcy between these threeareas. Then imperfections of the mainland on that point are analyzed and measures of perfection are provided. Finally, there is a further exploration of "obligor's place of abode", an ambiguous concept in theory.Part Five is a comparison of crimes of bankruptcy. Three legislative modes on bankruptcy crimes in various countries (or areas) are summarized, along with the prescriptions of bankruptcy crimes in these three areas. What follows is an analysis of imperfections in law of bankruptcy in the mainland concerning this point and detailed advice o...