Study On Protection Of Creditor In Bankruptcy Proceeding

The appearance of the legal system of bankruptcy, which is the way to solve theenterprise to continue to operate, that leading to embarrassing loss widened. It’s a reliable wayfor creditor to get money but not so easy by bankruptcy proceedings. In the bankruptcyproceedings, there are common interests and also a competition point of conflict of thebankruptcy property between the creditors. Meanwhile, with the development of society, thenew situation and new ideas are also eroding the interests of obliges. My article with the viewto protect the interests of creditors’ perspective, analyzing the defects and root causes of theCreditors’ protection in China’s current bankruptcy proceedings, observing the developmentof the protection of creditors in bankruptcy proceedings from the perspective of historicalrecount, to demonstrate the necessity of protection from its creditors in the bankruptcyproceedings and explore creditor protection related to the specific solution.Part one. This part mainly introduces the inadequacies of the legal system of bankruptcyprotection from its creditors in the bankruptcy proceedings, to identify specific defects ofChina’s bankruptcy legal system of creditor protection. On the basis of the premise of thestudy of China’s legal system on the protection of the bankruptcy creditors, I try to find theroot cause of the protection of creditors in insolvency proceedings.Part two. In the interests of creditors’ perspective in the bankruptcy proceedings toprotect throughout the history of the development of the bankruptcy system, the originalposition of creditors in bankruptcy law in the development process is constantly beingchallenged. From absolute protectionism in the early Roman and European medium-termcreditors to Modern European and American civil law countries of great importance to theinterests of debtors, and it finally developed into a modern bankruptcy law, social and otherinterests were paid attention to the bankruptcy law within the scope of the study. We can findprocess that the steady decline of the interests of creditors and continue to lower the status ofcreditors. Sequentially, I demonstrate the necessity and urgency of the study in Creditor protection of insolvency proceedings.Part three. Propose solving scheme for the problems of creditors’ protection in thebankruptcy proceedings. Under the premise of the value of the protection of creditors’ target,discussing the actual legal issues in the course of the proceedings of creditor protection. Fromthe problem solving of creditor protection, including the filing of claims, the creditors’meeting, automatic freezing of the system and the right to revoke system, to analysis in theFailure to fulfill contract creditors and personal injury compensation creditors protectionissues. I combined with the existing theoretical results and the legislation of other countriesinstance to make some improvement program.