Research On Executory Contracts Processing Rules In Our Bankruptcy Law

Enterprise Bankruptcy Law of the People’s Republic of China provides a morepowerful legal regulation for enterprises bankruptcy after it implemented on June1,2007. As we all know, setting bankruptcy proceedings could better clarify therelationship between the creditor and debtor, therefore how to deal with the contractof bankrupt enterprises is particularly important. In bankruptcy proceedingsexecutory contract relates to a wide range of stakeholders, it may produce somesystemic danger if not handled properly. But the provisions of processing rule aboutexecutory contract are not very comprehensive in bankruptcy law of China, whichincreased many problems for dealing with executory contracts in enterprisesbankruptcy. In order to have a more profound understanding about the rules ofexecutory contract, the rules of executory contract of China are discussed in thearticle.In the article, the empirical analysis and comparative analysis of legal researchmethods are used to introduce the process status quo of executory contract from thelegislative and judicial practice. In view of the short time of bankruptcy lawlegislation and the provisions of treat the rules of executory contract are imperfect.The advanced legislative experience of other countries about bankruptcy law areintroduced, on the basis of mastery to achieve further reflection on the punishmentrules of executory contract.The article mainly introduced and analyzed the processing rules of executorycontract in the bankruptcy law. Firstly, it’s clear that the executory contract inbankruptcy procedure and general contract outside procedure have a differentprocessing rules. Because of the questions that executory contract in bankruptcyprocedure faced are more comprehensive and systematic, we can’t just consider thecontract law when adjusting the executory contract but also recognize theparticularity of enterprise bankruptcy Law and establish special executory contractprocessing rules. Secondly, continuing to fulfill or terminating of executory contractin our country’s bankruptcy law was analyzed, which based on highly affirming the improved of China’s new enterprise bankruptcy law legislation and didn’t ignore itsinadequacies in this article. Specific performance in the standards of option exerciseof administrator of bankruptcy law are not clear, the provisions of legal effect ofterminating the executory contract is not very comprehensive and lack ofpunishment rules about special executory contract in enterprise bankruptcy Law, etal. Thirdly, in view of the status quo that executory contract rules are not verycomprehensive, the executory contract punishment rules of US Bankruptcy law wereintroduced in detail, and their disposal regulation of general executory contract andspecific executory contract were clarified, which intend to improve our country’sbankruptcy Law. Finally, at the end of article a few suggestions for improvement ofthe legislation of our country’s executory contract processing rules: Fully draw onthe experience of other legal legislative mature countries, combined with China’sactual to supplement our executory contract processing rules; Further clarify therules and principles of punishment to reduce the blurred of executory contractprocessing rules and make the institution more comprehensive; Finally, give full playto other legal norms of complementary action, make up for the inadequacy ofexecutory contract processing standard in bankruptcy law. Currently, executorycontract processing rules are more and more attention by academic cycles, and theprovisions of this issue are also on the increase in the legislation, which alsoindicates that China has started to pay attention to the problems of bankruptcy law atthe legislative level, and has a tendency of gradually improving.