The Exception Of Bankruptcy Claims Research: Determining The Scope And Overall Optimization

August 27,2006 Revision passed since June 1,2007 implementation of the existing "Bankruptcy Law" 1986 "Enterprise Bankruptcy Law(Trial)" were described as "new dimension" of comprehensive reform and institutional innovation. However, with the comprehensive and rapid economic and social development, in order to present "Bankruptcy Law" as the core of the Bankruptcy Law has been unable to respond effectively to the challenges and practical difficulties, which is an important reason for that is that the current system design in bankruptcy claims defective range, rank and other aspects, contrary to the fundamental principles of a fair settlement of the bankruptcy law, creditors can often lead to effective access to proper compensation through the bankruptcy liquidation process. Therefore, the need for an important exception of bankruptcy claims constitute a serious lack of the bankruptcy claims of specialized research institution, in order to optimize the overall reform and adjustment of bankruptcy claims system perfect.Based on the theoretical expectations and practical requirements, in China’s reform and bankruptcy claims system in the process, should the macro on the scope of the bankruptcy claims were redefined, and bound to each micro-bankruptcy claims of actual pick-tune. The experience of advanced countries shows that build the exception bankruptcy claims is the choice of legislative by more and more countries. The current bankruptcy claims system in China showing ordinary creditors and priority claims at the core of "dual" structure, also supported by the presence of some really necessary Scheduled debt provisions. Upholding the fundamental principle of a fair and rational settlement reflect the "principle of equality of claims," the system design process, we should pay attention to the bankruptcy creditor exception system, in particular the construction of the system should basically abandon existing Scheduled debt provisions changed it so bad after the debt system, the formation of bankruptcy claims "exceptional" and "normal" balance. Specifically, the first is to the credit of bankruptcy regime "general creditor" and "exceptional claims" scientific division of the "new binary" structure; the second is to determine the scientific connotation of bankruptcy claims strict regime of exceptions, and through both broad and narrow dimensions distinguish thus constitute a clear and important value range bankruptcy creditor exception. In general, the "exception" is limited to the narrow sense infer bankrupt claims and Scheduled debt, while broadly covers the priority claims; The third is the focus of the " infer bankrupt claims and the main creditor Scheduled supplement" an important complement to infer bankrupt claims under the system coordination and priority claims Scheduled debt reduction and strict limits related mechanisms and to establish a exceptions from creditors(priority claims, infer bankrupt claims, Scheduled debt) and ordinary creditors " new dual structure " bankruptcy claims architecture.This paper is divided into six chapters, focuses on issues related to the exception of bankruptcy claims and concrete measures to improve the exception of bankruptcy claims.The first chapter is the introduction, mainly from the reality of the problem, leads the current system of bankruptcy debt problems at home and abroad and a brief case study analysis, research methods and innovative article.The second chapter involves the basic theory of exception bankruptcy claims. This chapter leads to the basic connotation exception bankruptcy claims through bankruptcy claims against the bankruptcy claims system analysis, from the broad sense and narrow exception to the system of bankruptcy claims made strictly defined.The third chapter is the System of exception of bankruptcy claims. This chapter describes in detail the current status of the bankruptcy claims and inadequate system of exceptions and exception system the important value analysis bankruptcy claims from both theoretical and practical levels.The fourth chapter is typical of extraterritorial legislation and the Enlightenment to China. This chapter into comparative overview of the relevant legislation exception extraterritorial bankruptcy claims, especially for the core system of bankruptcy claims exception- claims to be exhaustive induction the inferior bankruptcy. By comparing the civil law and common law countries model legislation, relevant experience and then come outside bankruptcy claims exception system and the Enlightenment to China.The fifth Chapter describes the improvement initiatives and development. This chapter describes the reform, adjustment and improvement of exceptions of bankruptcy for bankruptcy creditor bankruptcy claims focus system specific initiatives and basic orientation.Which summarizes changes in bankruptcy claims for adjustment and overall scope of the basic principles and should hold the position, and combined with the position put forward the principle of "point, add, adjust, support" integrity of the reform program.The sixth chapter is the conclusion. This chapter focuses on the main points of the article and conclusions to sort, summarize and discuss highlights the bankruptcy claims of significant value exception system, then pointed out the bankruptcy claims settlement requires the joint efforts of all parties mechanisms, in order to achieve the "rule of law" in this new theme, a new era of integration into normal.