The Study On The Bankruptcy Claims Confirmation Litigation In Bankruptcy Proceedings

Promulgated in December 1986 of the law of the People’s Republic of China on enterprise bankruptcy law(trial) "has a brief regulations about the confirmation of controversial bankruptcy claims, then in August 2006, issued after the enterprise bankruptcy law of the People’s Republic of China officially brings the confirmation of controversial bankruptcy claims into proceedings. Article 48 of the existing enterprise bankruptcy law and the provisions of article 58, abandoning the unreasonable system in enterprise bankruptcy law(trial), which under manager review, creditors verification, the court to confirm the way to determine the claim,instead of the administrator registration examination, verification, the court confirmed that the way to determine its claim,When there is any objection to the recorded creditor’s rights on the managers work out a list of the creditor’s rights,the creditor, the debtor, staff and workers all may confirm bankruptcy claims to court to lodge a request if there is a dissent. Eight years of the enterprise bankruptcy law comes into effect, however, in addition to the provisions of the above two principles, has not yet introduced the relevant bankruptcy claims made by litigation judicial interpretation. This situation caused the judicial practice of a certain mix theory and impact, is not conducive to bankruptcy proceedings, ultimately affect the rights and interests of creditors, the debtor and the social and public interests. So this article attempts to build and perfect the confirmation of bankruptcy claims in bankruptcy procedure, in order to standardize the judicial activities, unified handling rules in practice.Content except preface and conclusion, this paper consists of four parts, more than thirty thousand words.The first part,introduction is the lawsuit of bankruptcy claims confirmation.use the importance of bankruptcy claims confirmation as a breakthrough point, introduce the concept of bankruptcy claims made by the litigation and origin; By comparing the differences between bankruptcy claims confirmation made by litigation and other similar litigation, emphasis that the lawsuit of bankruptcy claims confirmation is the particularity of its existence; Then introduces the lawsuit of bankruptcy claims confirmation in practice operations, according to the opponent’s lawsuit and divided into several different types of litigation; Finally on the basis of the theory, comparative analysis and determine the nature of the lawsuit of bankruptcy claims confirmation is confirmation litigation.The second part, is the investigation of establish the lawsuit of bankruptcy claims confirmation in our country, from the aspects of reality, necessity and feasibility of the three specific inspection analysis. Scattered and lack of current laws and regulations, as well as the production of a large number of bankruptcy claims disputes, an urgent need to build and perfect the system of bankruptcy claims confirmation made by litigation to solve the problem in the practice; To meet the progressive development of the enterprise bankruptcy system, make up for the lack of law, bankruptcy procedure smoothly, and achieve conflict disputes resolved in the bankruptcy procedure, also needs the establishment of the lawsuit of bankruptcy claims confirmation; Finally, through the analysis of the bankruptcy system of countries outside and related areas and bankruptcy claims objection litigation, combined with the development of the theory of law in our country, establish the lawsuit is feasible.The third part, analyzes the lawsuit subject of the bankruptcy claims made by litigation mainly. The brief analysis the subject of the lawsuit of bankruptcy claims confirmation, this part emphatically to the creditor, the debtor and the administrator could as the parties involved in the lawsuit to parse the instructions, finally bankruptcy claims confirmation made by specific legal analysis and set up under the type of parties.The fourth part,is to improve and construct the lawsuit of bankruptcy claims confirmation related to the lack of procedural problems and defects.Specifies the premise of the lawsuit of bankruptcy claims confirmation;analysis and limit the lawsuit of bankruptcy claims confirmation related deadline problem; Analyzed the calculation problem of the lawsuit under the jurisdiction of the court and legal fees; Finally analysis the effectiveness of the verdict.