On The Bankruptcy Property Distribution Order

The writer of this paper is focusing on the bankruptcy of assest distribution. A reasonable and scientific bankruptcy property system shall protect the interests of the creditors because the lawful interests of debtors and other social interests to assure the safety and efficiency of the market economy. This discussion of article focus on the bankruptcy assests' distribution with the following aspects:Firstly, it's theoretically discussing on bankruptcy definition, the scope of bankruptcy assets, basic policy and issues of bankruptcy assets'distribution sequence system. With comparative viewing, we conduct reference and analysis to the influence of the situation of Japan, American and our Country, as well as basic ideas of Bankrupt Law on the bankruptcy assets distribution sequence system, to show that bankruptcy assets distribution policy should follow the sequence by legislation,equality-liquidate principles,preference principles. It also works as theoretical prefiguration for later demonstration on current issues on bankruptcy assets distribution in China and thoughts of how to optimize it.Secondly , it commences analysis from the legislation actuality and existing problems of current bankruptcy assets distribution system in China, brings forward that it has problem of ignoring the particularity of creditor's rights on personal and environment polluting, etc, The system is also lack of valuable selecting mode and qualified regulation on balancing and devising distribution between employee staff and guarantee creditor's right, and has now been fully politicized and is too general in drafting. Combining with several typical cases in practical department and writer's personal experience, this paragraph expatiates on afterward legislation conceiving for this system in advance.Finally , refer the prefiguration of premise theory and questions, writer proposes the legislation composing about bankruptcy assets distribution sequence system, with making lots of discussion on its legislation conceiving and ways to follow, also puts forward that bankruptcy assets distribution sequence system should be optimized regarding to the policy by sequence and by pro rata discharging, and the guarantee creditor's rights shall be fully considered in priority. The infringement and debts practical affair in specific area such as personal and environment polluting, is recommended to refer lifting the veil of the corporation. The debts of enterprise which has relevancy or special relation with the bankrupting company, normal company, individual and investor or controller of bankrupting company, is recommended to refer American's equitable subordination rule inferior to normal debts for discharging. Meanwhile, the process of innovation of bankruptcy assets distribution sequence system shall integrate with other auxiliary innovation, and some problems such as social security, etc in market economy should not only solved in the category of Bankruptcy Law. This is the major idea for this article.