Pondering On The Order Of The Claims In Bankruptcy

The Enterprise Bankruptcy Act of the People,s Republic of China as one of the important legal rules of market-oriented economy. By learning more legislation experiences from foreign countries, based on its own national conditions as far as possible to meet the needs of the socialist market economy, however, the issue of the order of claims in the bankruptcy, there are still many shortcomings. Especially, after the melamine milk powder incident, this defect is particularly prominent. Therefore, I believe that the system of bankruptcy law is still a considerable improvement space and necessary. The writer starts with the broadest concept of the bankruptcy claims, analyzes the current legislative defect of bankruptcy claims from the view of legal and benefits, then puts forward some legislative proposals. This article is divided into four parts:Part one, the overviews of the bankruptcy claims. This section includes overviews of the bankruptcy claims, as well as our current range of the bankruptcy claims. The writer mainly introduces the definitions of the claims in bankruptcy in China, as well as in other countries. In order to facilitate the following discussion, the infringement of debt is classified as property and personal infringement.Part two, the legislative provisions of the existing legislation on the satisfaction order in bankruptcy of China, This section introduces the priority order of the bankruptcy claims, including the priority of secured claims, bankruptcy costs and public debt, labor claims and tax claims.Part three, analysis of the current legislative defects of the order of claims in bankruptcy in China from the different views. From the legal perspective, bankruptcy law exist the following questions, the order between the secured creditor and costs and benefits of bankruptcy debt has not been distinguished clearly, Labor debt subordinated secured claims totally, tax claims should not be settled Preferentially, personal tort claims not ranked Preferentially. From the interest measurement, different order is different interest tendencies, if only to protect the interests of the minority, while ignoring the interests of the vast majority of people, which is clearly contrary to our legislative principles.In Sanlu, case, obviously, group interests of other creditors prevail over victims, interests. Part four, some legislative proposal to improve the order of claims in bankruptcy. From the legislative level to complete the order of claims in bankruptcy, including the establishment of the legislative principles of bankruptcy law, the order between the secured creditor and costs and benefits of bankruptcy debt should be cleared, labor debts should be distinguished, infringement of personal debt should be ranked preferentially, tax claims should be ranked as common claims.