Studies On Legal Coorperation Of Cross-border Bankruptcy

The integration of the world not only promotes the exchanging in economic, culture and technology but also brings new conflicts and contradictions to the international society. Cross-border bankruptcy had become one focus of the contradictions about economic law and other systems and also one of sensitive topics. Many researchers have made many studies on Cross-border bankruptcy. The object of this thesis is the legal cooperation on the Cross-border bankruptcy which is fit for the development of the international society. The solution of the case of Cross-border bankruptcy concerns many laws of different countries and regions as the Cross-border bankruptcy has the characteristics of internationalism and aboriginality. There are two different systems about it and one is universalism and the other is territorialism. However, both of them are so critical that it is bad for the solution of the case. A new system, the modified realism has offset their defects and becomes the foundation in the field of Cross-border bankruptcy.Regional model and globe model are the two main models. There are many differences between the two models in terms of characteristics and scopes. However, they are related each other. The globe model is an ideal one in the long run. The different regional models are the foundation of the globe model. The regional and the globe models improve each other. We need to choose a more reasonable one when facing different problems. It is also important to choose a right legal approach for the different models. The treaty and model law are usually used in the international law. However, we need to analysis which of them is better for the legal cooperation of the Cross-border bankruptcy. This is also one important point in this thesis.Reasonable legal model and approach are good for the cooperation of the Cross-border bankruptcy. However, it also needs a systematic mechanism, other supporting systems and active participation of the countries of the world. What's more, the Bankruptcy Law of China is less developed than those Europe and American countries. In order to take part in the legal cooperation of the Cross-border bankruptcy, China as an important country should amend and establish its system of the cooperation on Cross-border bankruptcy by borrowing some advantages from those legal texts of the UNCITRAL.