The Research Of The Liquidation Order Of The Claims Bankruptcy

Bankruptcy system originated in the Mediterranean coast of Italy matured in mainland France and Germany. Bankruptcy system is a product of the commodity economy and with the constant evolution of legal culture and continues to mature and improve. Now, the bankruptcy system as a measure of the market mechanism is a perfect standard. Protect the interests of creditors, bankruptcy, has also been one of the main contents of the bankruptcy law.China promulgated in 1986, "People’s Republic of China Bankruptcy Law(Trial)" trial for nearly two decades after the 2006 NPC Committee adopted the existing bankruptcy law; in order to further the field of regulation of the bankruptcy law, the Supreme Court has issued three judicial interpretation of these provisions contribute to the development and improvement of China’s market economy, the economy, and also to resolve a number of legal issues to some extent, but also showed a lot of defects, claims bankruptcy liquidation order is one of a very serious drawbacks. Bankruptcy liquidation order claims is a very complex issue that involves the interests of many people, and our bankruptcy law liquidation order system simple and crude, not a good practice guide.Therefore, I believe that this system of bankruptcy law have considerable space and the need to improve, the paper attempts to explore some of the content. This article does not use many complex ways, the main use of the method of comparison and logical analysis, the middle and a small amount of the aid cited by way of illustration. This paper is divided into five parts, the first examines the legislative provisions relating to the bankruptcy of our overall debt liquidation bankruptcy law, the use of causal logic in this way on the basis of the analysis of bankruptcy claims come pick the wrong reasons; the second is from bankruptcy the basic theory claims to proceed, and raised the author’s own understanding of the bankruptcy claims. Then further investigate the specific provisions of the law on bankruptcy claims overall, especially on the provisions of a special law, such as maritime liens on maritime law. Once again, the logic of the world back to compare the main legislative settlement of bankruptcy claims on the pick. Finally, based on the front chapters of the bankruptcy claims, I made to improve our overall settlement proposal. Details are as follows:Part one: Legislative status of bankruptcy law and the overall solvency problems. The first section describes the main points of this Part is the provision of bankruptcy law bankruptcy claims settlement pick; the second section highlights the current judicial practice of how applicable. The third Section III of bankruptcy claims made directly to the liquidation order a few unreasonable problems such as unreasonable set of labor claims and overemphasized the priority tax claims, etc. The fourth Section presents the current situation caused by the bankruptcy of the irrational system now the reason.Part two: The type of bankruptcy claims analysis. No claims on the country’s bankruptcy law clearly defined specific types, author of departure from the existing theories to explain what it’s like to be included in the bankruptcy creditor claims, and made his own perceived connotation of bankruptcy claims. Combined with our current law, broadly categorized the types of related bankruptcy claims, a detailed discussion is also a brief introduction, and also outlined the authors believe that the contradictions, especially for labor claims, and now face the complicated the labor market, and establish and improve our labor contract market there is a great distance, in this case, the process does not work as a standard labor claims to proceed, or will enter another misunderstanding.Part three: The bankruptcy claims settlement legislation overall comparison. This section focuses on the influential countries in the world now in bankruptcy claims related to the liquidation order requirements, and a brief introduction to reason, and to explore whether a small range of issues can be introduced, such as the author appreciate Canada’s efforts to protect the environment, claims related to the environment in the super priority from evident.Part four: It is the author of a reasonable prospect. This part is made on the basis of the previous discussion on the comparison of specific measures: for example, recommends the introduction of extraterritorial "bad debt after" system; labor claims finer distinction, but simply provides a time standard. On this basis, the authors propose a reasonable liquidation order they think of. The author believes in ensuring fair premise, should too much attention to environmental claims and tort claims(personal tort), and try to explore whether environmental claims and tort claims(with its massive personal injury tort) from ordinary creditor in peel priority position.Part five: Conclusion. This section is a summary of the article, and reiterated the author’s point of view.