On Bankruptcy Trustee Creditor Review Mechanisms

At present, enterprise bankruptcy liquidation and bankruptcy legislation has obvious disconnection, misalignment of the situation, which the bankruptcy trustee creditor review mechanism is most typical. The legislative provisions are too abstract, and liquidation of creditor's rights review is " grand opera", leading to claims to examine patterns of all flowers bloom together. But the pattern is not the same, but we can also be summarized roughly the same trends: first, the bankruptcy trustee creditor of bankruptcy liquidation work review of work is the key link in the management of creditor's rights; secondly, the review is not limited to the form of review, already broke through to the substantive examination, provides for the factual and legal trial, like one quasi judicial referee; finally the autonomous management review because of lack of legislative support, review the results often questioned by creditors. In view of this, from the level of legislation as soon as definitive management of human nature review authority and specific review process is a pressing matter of the moment, China is planning brewing formulation of bankruptcy law interpretation should pay enough attention to this problem. Combined with the present bankruptcy cases claims review the mainstream model, this paper argues that the perfect credit review mechanism should focus on solving three key problems : the first is the basic theoretical problems, namely the choice that accords with our country actual condition of the management of the legal status of theory, the relevant bankruptcy legislation foundation; second is from the" substantive right"," investigation of right"," major review process" three aspects to solve the current management review behavior of solid power vacancy problem and program specification problem; finally from the entity right expansion may lead to the abuse of authority risk point of view, put forward at the same time configuration effective external supervision problem. This paper takes the case analysis of the style of the thesis, mainly with the 2008 admissible Wuhan Securities Limited liability company bankruptcy case claims review actual situation to carry on the analysis and summary. Financial bankruptcy cases compared with other general enterprise bankruptcy cases have certain particularity, but generally in the formal declaration of bankruptcy liquidation after the work property and the task of there is no obvious difference; instead, it is broken in the financial complexity and important influence on behalf of liquidation case mainstream review mode, but also a a good test of China's related legislation of bankruptcy legislation quality and performance practice benchmarking! Therefore, this paper finally selected financial bankruptcy case as case analysis. This article is mainly wants through the Wuhan Securities bankruptcy case in reflecting the personality and common problems, combined with their own actual participation in the bankruptcy case feeling experience, try to put forward some original views.