Research On Legal Issues Regarding To The Creditor Protection In Transnational Insolvency

The main issue of transnational insolvency is solving the balance between the interests of transnational insolvency creditors and debtors. The transnational insolvency on Private International Law, it is mainly the issue of jurisdiction and the extraterritorial application.It has the common objective with transnational insolvency. But its aid is too far in the protection of creditors too being rarely helped. With the increasing number of transnational insolvency cases, the disadvantage of transnational insolvency creditors even more obvious. So the protection of transnational insolvency creditors can not concentrate on the two aspects of transnational insolvency jurisdiction and the extraterritorial application.I think that the most effective way is studying on protecting the transnational insolvency creditors from the issue of itself. This paper examines the current legislation results about the protection of creditors in transnational insolvency and analysis of substantive issues during the process to achieve transnational insolvency creditor protection. And we will put forward some proposals for transnational insolvency creditor protection, mainly divided into the following four parts:We will make it be the entry point in the first part, that studying for legal basis of transnational insolvency creditor protection.So we need to carry out the basic concepts of transnational insolvency and define transnational insolvency and bankruptcy claims; We also need to define the scope of transnational insolvency estate; In addition, cross-border insolvency is different from domestic insolvency, so we will also introduces its special creditor protection values in this part.The second part examines the related transnational insolvency creditor protection on the legislation achievements about domestic and international. Next we focus on the recent emergence of transnational insolvency cases and summarize in the new development of transnational insolvency agreements. We find it that transnational insolvency agreement brings about the gospel under legislation in difficult circumstances; We make it as theoretical groundwork that the above analysis of the cross-border insolvency protection, for the legislative proposals section next part of transnational insolvency creditors protection.The third part analyzed fraudulent acts against transnational bankruptcy creditors from the insolvent debtor in the first; Then based on consideration of the estate, we discussed the deficiencies that the bankruptcy administrator system exists; And finally from the geographical differences between transnational bankruptcy creditors, we analyzes that the special problems of foreign creditors participate in the practice of bankruptcy proceedings.In the fourth part, based on the three parts above, we make some suggestions of the transnational insolvency creditor protection in this part. Because transnational insolvency rely mainly on consultation and cooperation between the countries, so we need promote positive interaction between domestic legislation and international treaties; then I noted that the current cross-border insolvency in solving issues related to the important role of cross-border insolvency protocols; Finally, I have some points in transnational insolvency creditors protection gaps problem based on the third part of this article.