On The Perfection Of China's Bankrupt Property

The focus that writer pay attention to in this text is the system of the bankruptcy property . The bankruptcy is an inevitable outcome of the economic competition, and the healthy development of the market economy requests a set of bankrupt system that science and reasonable. And the bankruptcy property system also occupies a very important position in the whole bankrupt system, because the bankruptcy is a special means to repay debt that the debtor should use all property ruled by the law to repay debt. So the bankruptcy usually involves the relation between the creditor and debtor, debtors and debtors, and other more extensive societies relation. A science and reasonable bankrupt property system should protect the legal benefits of the creditors, the debtors and other social benefits at the same time to guarantee the efficiency and the safety of the market economy. This text mainly launches from following viewpoints to the institutional study of the bankruptcy property:First of all, the writer studies the theories of the concept of the bankruptcy property, the lawmaking principles, and the scope of the bankruptcy property. Comparing and analyzing different theories of the bankruptcy property . Such as the theory whether the bankruptcy property have the corpus qualifications, the theory of the time standard and the region standard of the bankruptcy property, and also the free property system ,To the various theories,the writer do some carefully study, respectively cooperation and analysis。The next in order ,the writer do some study with the substantial evidence method, and tally up the relevant provisions Lawmaking general situation in our country,such as the lawmaking general situation Lawmaking general situation,current law to the provision of the bankruptcy property,the ownership of the bankruptcy property,lawmaking principleof the bankruptcy property in our country,the bankruptcy property scope and the scope of the Non-bankrupt-property. At last, the writer puts forward a few opinions concerning the bankruptcy property system in the new bankrupt law of our country.1,Whether the property which has already been guaranteed can become the bankruptcy property.2,How to definite whether the legal organizations have already carry out the land, houses and vehicles to complete. 3,the theory of the free property system.4,whether the free using right of land from the country is bankruptcy property.