Research On Cross-border Bankruptcy Of Conflict Law Issues

At present, technology developed so quickly that the economic globalization isaccelerating. Under the effect of marketing, the enterprises are suiting for the fittest,cross-border bankruptcy cases have become an important focus in the field ofinternational justice. Countries linked more closely than ever in economy,cross-border bankruptcy case is not limited to the legal system of design within acountry, but related to many countries in different legal system, so that it makes thecross-border bankruptcy case more complicated no doubt. Countries around the worlddue to the different historical development, values, political system, social policy,legal concept, adjusting the law of bankruptcy case is different, for the conflicts oflaw of the field of cross-border bankruptcy cases; And more, the duty of internationalcoordination exists a lot of resistances, bring up the consequence of cross-borderbankruptcy cases met with resistance undoubtedly.Starting from the perspective of conflict law, the author uses comparative studymethod and references cases at home and abroad in his or her analysis. In this paper,the author firstly states the conception and characteristics of cross-border bankruptcyand also the conflict law issues (a key study within the field of cross-borderbankruptcy) in a systematic manner. The legal conflict of Cross-border bankruptcy isthe main focus of international law study, but there are no unified and effectiveinternational conventions currently. Therefore, cooperation and development is atrend in the field of cross-border insolvency. Countries need to work together topromote the unity of the legislation. Based on UNCITRAL Model Law OnCross-border Insolvency and the EN Regulation on Insolvency Proceedings, countriescontinuously better the legislation of cross-border bankruptcy and enhance theinternational judicial cooperation in order to reduce the lawsuit costs and protect theinterests of creditors.The author set out several problems of cross-border insolvency on the basis logicof "ask-analysis-solve". For jurisdiction issues, the author started with determiningjurisdiction standards, and then discussed the reasons of jurisdiction conflicts; finally put forward the solution of the issues. For applicable law rules, authors focused onthree issues: requirements of bankruptcy process, the bankruptcy property andbankruptcy claims.The essay analyses the influences of applicable laws thatdifferences in national legislation produced. Then put forward reasonable Suggestionsby combining with the theory and practice of applicable rules. Recognition ofjudgments and assist is the last hurdle of the cross-border insolvency. The authoranalyzes theory of the issues compactly; next the author discussed the conditions andthe specific methods of the issues in detail. At the end of the essay, the authorcombined advanced legislation experience with China’s basic national conditions,putting forward legal methods to make legislation in our country perfect.Some controversial issues on the international community are uncertain in thearticle, hoping the author’s suggestion on this case is conducive to the legislation ofour country. In the process of cross-border insolvency legislation reform. We need toconsider the certainty and predictability of the result and the problem of internationallegal system and legal localization. Legal reform can adapt to national conditions inthis way. We can achieve the goal of providing guidance for judicial trial andsafeguarding the creditors’ interests.