On Bankruptcy Settlement System

Bankruptcy conciliation is the system concerning about liquidation conciliation between creditor and debtor, who can not pay off debts and want to avoid bankruptcy announcement or distribution. In theory bankruptcy conciliation, as one important part of modern bankruptcy system, can affect protection of debtor' s rights and interests, maximization of creditor' s interests and maintenance of social stability. But in China' s judicial practice, the system is put away for many causes. Basing on the analysis of the nature and character of bankruptcy conciliation, through the observation of other nations' legislation and our national conditions, this thesis brings forward a legislative plan for the reform on China' s bankruptcy conciliation, and discusses the current problems.The thesis consists of four parts with about 33,000 words. Its abstract is as follows:Part one: The nature analysis of bankruptcy conciliation. Through studying the conception and character of bankruptcy conciliation, the paper uncovers the theoretical basis of this system. After reviewing five different positions about the nature of bankruptcy conciliation, the author points out that bankruptcy conciliation is a civil agreement in nature, which is confirmed by this system' s history.Part two: The function analysis of bankruptcy conciliation. By comparing with bankruptcy liquidation and bankruptcy rectification, the thesis points out bankruptcy conciliation has its special function on preventing insolvency. Many countries have reformed bankruptcy conciliation to strengthen its function on preventing insolvency by legislative force. But this article considers that the logic basis of bankruptcy prevention is realization of creditor' srights. Finally, this part analyzes the driving function of bankruptcy conciliation on bankruptcy procedure.Part three: The legislative analysis of bankruptcy conciliation. The thesis bring forward a reforming ideology on China' s bankruptcy conciliation, which is to fascinate creditor to conciliation by protecting his substantive and procedural rights.Part four: The criticism and suggestions of China' s bankruptcy conciliation. Based on the studies ahead, the paper provides four aspects of legislative suggestions on the prevention of creditor' s rights and conciliation procedure.