Study On The Liquidation Order Of Bankruptcy Claims

Bankruptcy law，as a basic law to maintain the normal operation of the socialistmarket economy, Has already become a very important role occupies a very importantposition in the Already formed socialist legal system. The Bankruptcy law also playsan important role in the Legalization and standardization of the bankruptcy systemwith the continuous deepening of the reform of China’s market economy. the "Law ofthe People’s Republic of China on Enterprise Bankruptcy was examined and adoptedby the Standing Committee of the National People’s Congress twenty-third meetingOn August27,2006, which is more in line with the needs of the development ofChina’s socialist market economy as it draw beneficial legislative experience fromwestern developed countries and take full account of our actual national conditions.But there are still some specific issues unreasonable, imperfects, and bankruptcyclaims liquidation order is one of the most prominent examples. The bankruptcy notonly claims solvency pick involves the vital interests of the many creditors of thebankrupt, but also have an important impact on the normal operation of the socialistmarket economy. Therefore, the efforts of bankruptcy legislation should target on areasonable and fair bankruptcy liquidation order, which is also in line with the lawsgoverning the operation of the market economy. In this connection, the author of thispaper conducts an in-depth analysis of the shortcomings of bankruptcy claims settledorder with the means of comparison and empirical research, and proposes appropriatemeasures to improve the legislative proposals.This paper is divided into six parts. Except the introduction and conclusion, theparts from the first to the fourth are the main part of the article.The first part is about the basic overview of the problem of the bankruptcyclaims. This part focuses on the elaboration of the concept of bankruptcy claims andtheir characteristics, as well as clear definition of the scope of the bankruptcy claims,laying a foundation for the proposal of the problems in the order of the bankruptcyclaims and its improvement measures.The second part focuses on the analysis of the Legislative states of the foreclosure system. This part mainly elaborated the current legal provisions on theliquidation order of the bankruptcy claims and analyzed it with the basic theory of theLaw, finding out the source of the inadequacies in bankruptcy claims settled order,which lays a foundation for the raise of relevant problems.The third part is about the focus problems appeared in the current bankruptcydebt settlement order. This part is the focus of the entire article, pointing out the mostprominent and severe problems need of being tackled with in the current legal claimin bankruptcy liquidation order, such as which one is better between labor claims andsecured claims; tax debt settlement and personal tort claims liquidity problems;administrative fines liquidity problems and ordinary bankruptcy claims settled issues.The fourth part is about the legislative proposals of perfecting the claim inbankruptcy liquidation order. Being the essence of this article, this part proposesappropriate measures to improve the exits problems in our previously notedbankruptcy debt settlement order: Firstly, our legislation should adapt correct valueorientations in line with the development of the socialist market economy; secondly,specific legislative proposals should be targeted to specific issues.Finally, the part of epilogue made a comb and a summary of the full text.