The Research Of The Bankruptcy Credit Examining And Confirming System

Brewing for 12 years, Enterprise Bankruptcy Law was formally adopted and promulgated in August 27, 2006. The old law had been changed and improved in many respects. But there has been not yet any judicial interpretation since the enforcement of the new law, which makes shock on the judicial practice. As the law is lacking in detailed provisions of the bankruptcy credit examining and confirming system, it's is rather vague in practice on the way of examining and confirming. It's not conducive to the smooth progress of the bankruptcy proceedings, and also do harm to the bankruptcy creditors and the interests of bankrupt enterprises.This dissertation consists of four parts:Part one is the definition of the bankruptcy credit examining and confirming system. Firstly analyzing the conception and characteristic of bankruptcy credit; secondly researching the meanings and significance of the bankruptcy credit examining and confirming system. The ways above clear that the bankruptcy credit examining and confirming system is a key step of bankruptcy proceedings.Part two is the comparative review of the bankruptcy credit examining and confirming system. This chapter comparatively analyses four parts: the content of examining organization and confirming system of bankruptcy credit, the agency of the examination of the bankruptcy credit, the confirming system of the bankruptcy credit and the confirming system of the objecting bankruptcy credit.Part three represents the legislation of the bankruptcy credit examining and confirming system, mainly concentrate on the scope and the operating procedures of this system.Part four indicates the problems of the bankruptcy credit examining and confirming system. Those are legislation omission of the bankruptcy credit scope, administer's right of examining and confirming not clear, the creditors conference's right of verifying and confirming not clear and procedural regime of the objecting bankruptcy credit not clear.In the fifth part, the author gives a series of suggestions on how to perfect the bankruptcy credit examining and confirming system. This chapter is the focus of this dissertation. The author gives a prioritization scheme on the scope of the examination and confirmation of the bankruptcy credit, clarifies administer's right of examining and confirming and the creditors conference's right of verifying and confirming. The author comparatively analyses the confirming lawsuit system of objecting bankruptcy credit. It is also a key part of the text.