Research On The Exemption Right In Bankruptcy Law

New "PRC Enterprise Bankruptcy Law" (the statement after referred to as the new"Bankruptcy Law") was issued to change the status of China's fragmented insolvency legislation,then our country had a real sense of a market exit law. As an important legal system– Exemption right system,it reflects a more rational and scientific character. However, the new "Enterprise Bankruptcy Law," as the exercise of the powers of the priority claim, is still operationally weak, which is subject to a further improvement to the legislation, at the same time, scholars in this field also call for a further research and discussion on it.The soul of the bankruptcy legislation is equitable distribution,and exemption right is a consideration under the principle.The improvement of the law has a long way to go.We must put the exemption right into the system of the bankruptcy and the practice.Exemption right has a priority claim based on its specific status,so it is the significance it exists.However,the nature of the bankruptcy law gives the characteristics to offer a priority or not.To put the exemption right into the whole bankruptcy legislation we could find the necessity of the restriction on the right.Therefore,the dialectical and systematic consideration of priority calaim in the bankruptcy proceedings in the system's role is particularly important.This paper hopes to research and analyze the bankruptcy exemption claim ,a clear priority claim system and the basic theory , and analyze the priority claim system problems, as well as the practical operation and the legislative level.Then the author me will make my own opinions. This discussion is divided into four parts:The first chapter explains the basic theory of exemption right ,it will clarify the concept of a priority claim and its characteristics, and then compare the concept of the priority claim and other concepts.The second chapter give a theoretical system of other support for exemption right. The civil law theoretical support plays an important role from a more in-depth discussion. A certain amount of the controversy also exists,which needs the analysis both on the theory and practice, and then I will draw my own suggestions and comments. In addition, the priority claim on the theory of commercial law have also been supported by the corresponding discussion, especially for commercial law and bankruptcy law which provides the principle of specific principles and objectives.In addition, the value of the exemption right of the legislation will also be discussed in the paper in this chapter.Chapter three discusses the exercise of a exemption right.The exercise of the right and the limit on it will be debated.Before all this,the reparation must be underlined.And then,the paper will introduce the consequence of the practice about the exercise order.Chapter four mainly tells the application and the problems when use the exemption right system.The author will give suggestions in consideration of our country.