On The Insolvency Estate

As a general executive procedure, the bankruptcy procedure is set to make up individual execution in civil procedure. When a debtor shoulders the debts which can not be completely paid and an involuntary bankruptcy occurs, his disposal of the property he owned or managed will be limited. To ensure that every creditor can be paid fairly, the above-mentioned property will be put under a special organization's administration for general management and distribution. The property of the debtor is essential to the whole bankruptcy procedure and guaranteed its process. Consequently, affirmation of bankruptcy property is related to the bankruptcy proceeding directly and what is more it is related to creditors' compensation. According to this, bankrupt property's confirmation should be regulated by provisions specifically. Through the introduction and analysis of bankruptcy property, this article tries to conclude some values and principles about it which contributes to our reference.In addition to introduction and epilogue, five chapters are composed in this article as main body.Chapter One focuses on the principal issues which are divided into four parts. The first part is to definite the "bankruptcy property"; the second depicts the characteristics of bankruptcy property; the third is to classify bankruptcy property; the fourth is to introduce our nation's legislation of bankruptcy property.Chapter Two aims at properties and ownership of bankruptcy property. The first part of this chapter appraises and analyzes two theories, namely "subject theory" and "object theory", and the theories bases are also provided in this part; the second part is involved with the distribution of bankruptcy property and, through analyzing the legal status of the debtor, the creditor and the trustee in bankruptcy, it illuminates bankruptcy property's belonging to the debtor, i.e. the bankrupt.Chapter Three pays attention to legislative principles, which include "expansionism" and "fixationism" by the standard of time, and "Iocalizationism" and "popularizationism" by the standard of region. This chapter also analyzes our legislative principles and limits the legal scope of bankruptcy property in our country according to the analysis.