On The Insolvency Estate

Bankrupt property, call bankrupt financial group also among continent law department, divide into legal financial group , existing financial group and distribute the financial group, it is the extremely important problem in the bankruptcy law, to the composition of the bankrupt property and definition of the range, whether the continuation concerning the procedure of bankruptcy directly goes on or not, concern the repaying the interests of the creditor. So, it has always been a research object that foreign law circles have been keen on, and has already made the rich theory achievement, continent law department bankruptcy law theory of country have subject say say two theory of antithesis with object mainly. Legislate to the bankrupt property system abroad, clear regulation, is it go bankrupt for regular doctrine of foundation and expand the doctrine two kinds of legislative principles with natural person to set up, and comparatively systematic and complete bankrupt property systems , such as freedom property system ,etc..And when the bankruptcy law of our country is made , it is insufficient to prepare in theory, it is not deep enough that the continent of our country studies the science with the theoretical research to the bankruptcy law of administration of justice, the bankruptcy law made has not involved a great deal of legislative ideas . Focal point that this text studies -Bankrupt property system, because the regulation in the current bankruptcy law is too simple , coarse too, draw lessons from the existing legislative experience of success and system in foreign countries insufficiently, form so-called " assorted cold dishes legislate ", far more than least bit the bankruptcy law difference of Germany which is praised as " classics of a century ". Because does not unify , not perfect in current bankrupt legal norm, imperfect, cause the theory circle to understand the confusion to the basic principle and system of the bankrupt property. And and educational circles opinions vary because of blank that legislate, cause it in the judicial practice, to the trust property, have already been regarded as the property of the collateral, right to use the land which the bankrupt enterprise obtains by way of allocating free, bankrupt property of the coordinated enterprise, enterprise bankrupt property when being discrete,, bankrupt industrial welfare property that enterprise investment set up range difficult to confirm for bankrupt property. This text plans to combine legal principle and relevant laws or policies to make a concrete analysis of.This text uses the methods , such as historical analysis , comparative analysis ,etc. mainly, through the investigation legislating to foreign countries, draw lessons from the foreign and ripe theory, summarize the view of all of educational circles of our country , combine the demonstration of the special problem in the judicial practice, analyse thedefect legislating about the bankrupt property in the bankruptcy law of our country, on the basis of summarizing existing bankrupt practical experience, try one's best to absorb and use the advanced legislative experience of developed country of market economy for reference, go bankrupt property perfection of system , discuss from 3First, set up natural person's bankrupt system. The current scope of application of bankruptcy law is narrow and small, is a fact known to all. In the legislative course of our country's new bankruptcy law , expand the scope of application of the bankruptcy law, it has already been the trend of the times. The scholars, only to the extended degree, the difference to some extent. This text agrees to most scholars and advocates to the suitable bankrupt systems of natural persons ( including natural person's enterprises ) through analysing the current situation of our country, the bankruptcy law should reserve the space bankrupt for the next individualSecond, suitable legislative principle which accord with the national conditions of our country. Quite a lot of scholars think , the bankruptcy law of...