Research On The Right Of Bankruptcy Application Of Creditors In China

As one of the basic right of claim, the right of bankruptcy application ofcreditors can be traced back to the beginning of the creation of the bankruptcy legalsystem. It has played a very important role in starting the bankruptcy proceedingsand protecting the interests of creditors. Although the current bankruptcy law in ourcountry, Namely 《Enterprise Bankruptcy Law of the People’s Republic of China》(hereinafter referred to as 《Enterprise Bankruptcy Law》) has made a clearstipulation that creditors have the right of bankruptcy application，there are lots ofdifficulty to be dealt with in the application of the relevant provisions in the judicialpractice due to the content of the rules is too broad and the design of related systemis comparatively extensive.The dilemma of the law application brings us a series of reflection on therelevant provisions about the right of bankruptcy application of creditors in ourcounty. Also causes scholars carrying out extensive and heated discussion inacademic. At the same time, a certain theoretical research achievements have beenmade. The most important one of which is the different views of various scholarsand research results from judges of the court at all levels when meeting somedifficult problems in the judicial practice.The existing study and research findingsboth in theory and practice are rich learning resources and valuable materials.The article discusses and makes recommendations for the improvement of thecreditors’ right of bankruptcy application basing on certain logic. It is in accordancewith the logic of what is the dilemma of the law application and its causes, analysisof the causes, putting forward the views. Starting from the phenomenon, and thenanalyzes the essence. Finally, the author puts forward views and prove it. In order tomake 《Enterprise Bankruptcy Law》 more clear and provide some useful referenceto improve it.Firstly, the meaning and function of creditors in bankruptcy are discussed. Inorder to deepen the understanding of the right of bankruptcy application of creditors,stressing importance and effective work of its functions. It paves the way for later questions. Then introduce the present situation of the right of bankruptcy applicationof creditors. The two aspects mainly from the specific legal provisions and thedilemma of the law application, discussing some problems exist in the right ofbankruptcy application of creditors. The most prominent problems including mainbody’s qualification is not clear which makes program function can’t workefficiently. The conditions of application are relatively broad which leading to themisuse of the right to apply for bankruptcy. Confusion of trial procedures and theacceptance procedure of review procedures.The latter part of the article is mainly about the lack of bankruptcy system andhow to improve it, which makes a detailed analysis on the defects of it, includingspecial claims, conditions of exercise, review, liability issues of it, in order to find asolution to the problem. After a thorough analysis and proof of related issues, weproposes several suggestions to perfect the right of bankruptcy application ofcreditors, including the right of special claims, limiting the condition of its exercise,setting the corresponding examination procedure and increase the legal liabilityclause.The right of bankruptcy application has important theoretical and practicalvalue. However, due to the bankruptcy of the legal system is relatively not mature,there is a series of problems to be solved in the judicial practice. The author is tryingto straighten out the value of the right of bankruptcy application of creditors, thelegal basis and the exercise of rights through the discussion of this paper. In order tomake the right of bankruptcy application of creditors in bankruptcy can run healthilyand effectively in the bankruptcy legal system, we should to realize its utility andperfect the system of bankruptcy law in our country. Only in this way is it possible tobetter serve China’s economic operation and development.