On Bankruptcy Claims

Bankruptcy appeared in certain stage of the society of merchandise. Bankruptcy law system is very important to protect the benefits of creditors and play an important role in the nation's reputation system. In the modern law system of all countries, the bankruptcy law all occupies a very important position.The bankruptcy credit is the manifestation of a great majority of creditors' rights. Being the carrying of creditor's benefits, bankruptcy credit is the base of the exercising and realization of the creditors' rights and the other contents of the law system are all set up to guarantee the full realization of it. The bankruptcy credit is the core content of the bankruptcy law system, and increasingly causes concern of the common people and lawmaking organization. So far, the research in this field is little and lacks systematization in our country; the related provisions of our nation's law have defects, which cause the difficulty in practice. Joined with the provisions of our country's Business Enterprise Bankruptcy Law and the judicatory explanation of bankruptcy law, the article does comparatively systematic and detailed research to the bankruptcy creditThis article is divided into three parts:The first part is the analysis and differentiation of the concept of the bankruptcy credit. It includes the concept of the bankruptcy credit and the comparison with the related concepts, including the right of exception, the right of taking back, the right of cancel. Make clear that the quality of the bankrupt credit is credit, it is converted from the general credit, it is the credit that has no property's guarantee in principle, it can't be discharged preferentially.The second part is the scope of the bankruptcy credit, including the principle of definition and category and exception of the bankruptcy credit. Being a special credit, bankruptcy credit has its own factors. The author fist analyses principle of definition of the bankruptcy credit, then joined together with our country's law, categorizes it; in order to make the scope clearer, the author further points out theexception of it, and compares it with relevant theories and provisions of foreign countries' law.The third part is exercising of the bankruptcy credit, including the whole process from the declaration, inquisition and confirm to the discharge. The author treatises each link definitely and then analyses the relevant problems.