On The People's Court On The Merits Of The Hearing In The Case Of Bankruptcy

The bankruptcy law is an important law in market-oriented economy, which includes substantive and procedural norms. But the procedural norms of the bankruptcy law only provide the usual bankruptcy procedure, without providing the substantive procedure. This produces a lot of problems in practice. This paper , written from a case , mainly discuss the problems of the substantive trial procedure. With thinking the value of bankruptcy liquidation, the summary procedure is proposed in the paper to solve this problem.The structure of the paper is following:The first part is to put forward the problem. The problem of the substantive trial procedure of the bankruptcy case is arose not only because the parties cannot take part in the proceed of judgement, but also because the rules of reconsider deprive the parties of the procedural remedy rights.The second part is to analyze the problem. This part of the paper analyses the roots of the problem. The bias of the value of the bankruptcy law is the main reason. The procedure is put less important role in bankruptcy cases.The third part is to solve the problem. This part is the heart of the paper. With thinking the value of bankruptcy liquidation, the summary procedure is proposed to solve this problem. Included eight problems such as the jurisdiction, appeal, two problems are discussed in details. The first problem is the nature of the bankruptcy liquidation commission. In order to protect the interests of the creditors, the bankruptcy liquidation commission should be considered as the undisclosed agency of the...