Define The Scope Of The Insolvency Estate

With the development of our country's socialist market economy system, and the deep change having taken place of economic life, bankruptcy law in effect appears historical limitations and deffects day and day, which should be modified in extremely urgent. Bankrupt estate is the physical fundment on the start and conduct of bankruptcy proceedings, and the decisive factor of the extent realized for creditor, so the delimit of bankruptcy estate scope is critical for bankraptcy institution. Starting from the concept of bankruptcy estate, the thesis differentiate and analysis the substance and procedural law on which, and analysis the difference about bankruptcy estate and bankruptcy Financial group, and realize that our country needn't, transplant the concept of bankruptcy financial group but still should continue to use the word bankruptcy estate in legislation. The delimint of legal financial group, current financial group or allotment finacial group is beneficial to accurate deliminte of bankruptcy in legislation and praction. The thesis futher analysis the nature of bankruptcy estate and realize the theory of bankraptcy subject dosen't make it's statement consistent and have not any value in practice. The author think that bankruptcy estate should be object in nature. On the part of theory, bankruptcy estate must be the property or property right that was owned or managed and administrated by the bankrupt when bankruptcy was declared and that was obtained after bankraptcy declaration and before bankruptcy proceedings end and that property may be claimed, by bankrupt in the futvire and must be enforced according to law, which is in domestic or out domestic, for the latter, it must be obtained. On the time and space limitation there are disputes such as expand and limit principle, univasal and temitorial principle. While reconstructuring our concept of bancruptcy estate, we should use expand principle and controlled universality. Of course, the prerequisite of implementing expand principle is the bankruptcy of natural person, so our country's insolvency law should supplement bankruputcy institation. Currently, corresponding with bankruptcy estate ,we should add exmpty property institution in our bankruptcy law in order to futher define our scope of bankruptcy estate. At the last of the thesis the jurisprudence course was define that trust estate can't belong to bankrnptcy estate and the property which had be handled in the legal term before the start of bankruptcy proceeding, which puts forword the anther's view to reconstructure our country's bankruptcy estate institution.