The Inspection And Framework Of National Exemption System On Bankruptcy Estates

Bankruptcy law is the core content of the insolvency estate, it is not only the material basis of creditors a fair settlement and guarantee of the insolvency proceedings. In modern insolvency regimes, the estate is very important; it is the bankruptcy claim key to a fair settlement. It should be said that 2006 China undertook a comprehensive reform of the bankruptcy law, fully reflects the legislative progress and system innovation. But due to a combination of factors, the effect of the law is wrong.According to the 2015 bankruptcy practice seminar revealed that since its June 2007 implementation of the bankruptcy law, and no increase in the number of bankruptcy cases. Since 2000 more than 1000 pieces decline the more than 10,000 every year until2014. Looking towards the bankruptcy situation in China in recent years, the enterprise bankruptcy law is still on the shelf of the rule provisions, as well as with the traditional clear contrast to crisis more serious reality. Estate negative institutional in our country lack is obviously a major constraint. So, on the definition of the scope of the insolvency estate, we should introduce a “negative list” mode. We explore the estate except for system construction of the system, for effective judicial application utility is in effect.Most of my research has focused on property elements. Many studies have used the manner of list, lack of support. So far, except for few and scattered studies,specialized studies did not except the bankruptcy system. Allocation is the repayment of creditors of the estate’s last chance, they will around a fierce game of the insolvency estate. So, except the property loss will inevitably lead to the system of creditor’s confusion. Hereunder, from theory to the system, an orderly arrangement of estate exclusion and demarcation are necessary.Establishing the complete property is necessary to legislative choice. Bankruptcy property exemption system is important components of the estate system. Its research has highlighted not only the theoretical value, and provided ideas for bankruptcy cases.Specifically, the first is defined. Through the space-time dimensions standard, we delineated the scope of exceptions to the insolvency estate as a whole. We want to categorize the estate except the type. Second, rules revealed defects. Our provisions from legislation the unreasonable design of rough and the exercise of basic rights rules to reveal its flaws in two directions; Third, building ideas. We put the insolvent entity except for the collation property rights as main. Finally, we build up rights to the insolvent entity framework supported list except where specific types of property regime.This paper is divided into six chapters, the rules bankruptcy property exemption system defects and the estate except preliminary assumption is that important parts of the system,The first chapter is an introduction. This chapter analyzes the estate except for theoretical research missing and caused problems. I have proposed this research framework and innovation.The second chapter is bankruptcy property exemption system theory. This part is the analysis of the insolvency estate other than the basic theory of system. We divide space-time standards of bankruptcy except property and its value significance.The third chapter is rule defects. First, the chapter analyses the legislation unfair the exception system. Secondly analyzes property rights exercise of the rule of exception system based rough issue.The fourth chapter is outside the bankruptcy property exemption system analysis.This chapter compares the different except the estate system. Comparison of the typical national legislation, we got the outside except the estate system in China.The fifth chapter is Bankruptcy property exemption system construction in China.This section is based on the spatial and temporal dimensions are divided into,standardize bankruptcy procedures other than elements of the property.The sixth chapter is conclusion. This chapter summarizes the main points and conclusions,and problems and deficiencies of the article.