Research Of Multinational Enterprise Bankruptcy Jurisdiction

Multinational bankruptcy will involve at least two countries, so it is different fromdomestic bankruptcy case, it is not only involving sovereign interests, but also aboutconflict laws of the countries who participated in economic globalization.This article is divided into three parts: Introduction, body and conclusion.The Introduction pointed out investment activities of multinational enterprisesbecome more frequent. China as an integral economic part of globalization is also facingthe problem of international bankrupt, but our legal system is not perfect. The body of thearticle is divided into four chapters. Chapter1Overview the meaning of multinationalbankruptcy and the significance of the jurisdiction in foreign-related civil and commercialcases, pointed out it is more complex to determine multinational bankruptcy jurisdiction.Chapter2On the analysis of general foreign-related civil and commercial casesjurisdiction to determine, comment the general jurisdiction standard of multinationalcompanies bankruptcy case,and then introduces the new development of jurisdiction todetermine--Centre of main interests(COMI), but there are problems in the application.Chapter3summarizes the reason for multinational bankruptcy jurisdiction conflict, andproposes the way to solve the question. Chapter4reviews the legislative, judicial status ofChina’s cross-border insolvency, and put forward own suggestions on our countrycross-border insolvency legislation. The conclusion concludes the paper, and put forwardthe best way to solve the question is International cooperation on the limit of selfjurisdiction. China as an economic power, In the case of bankruptcy becoming moreinternational, we have to speed up the pace to improve cross-border insolvency legislation.