Bankruptcy Exemption Right On Legal Issues

Bankruptcy exemption right in the new bankruptcy law on the rights of the nature of property rights, but civil and commercial matters related to the security interest legislation, special priority and other mapping and extending the area of insolvency law. China’s current bankruptcy law does not explicitly use the "Do not ex" This exclusive concept of bankruptcy law, and to set the concept of "one particular property of the bankrupt security right" to be expressed, but Tong said that the rights referred to in this entry theoretical study insolvency law is not ex system. Do not get rid of the ordinary bankruptcy procedure ex unity, equality, the proportion of repayment of the principle, but legally separate, the first repayment.China’s current bankruptcy law provisions of a number of problems for another ex System: Legislative unused "Do not ex" jargon; the rights of other ex is unclear; ex-dividend basis do not limit the scope of rights is unknown, do not lead to misunderstanding and difficulties faced by ex applicable;It does not involve the liquidation order ex dislocation; the rules do not exercise ex rough. A serious impediment to the orderly operation of the above problems and conduct insolvency proceedings.The author based on the actual situation in China, a comprehensive reference, considering the advanced legislative experience, for a number of issues in China’s current bankruptcy law do not exist in the ex-regime, the corresponding perfect proposal: the legislation formally adopted "Do not ex" concept, clearly bankruptcy exemption rights cope of basic rights, do not clarify the scope of the right of first refusal ex; the establishment of a coordination mechanism to rationalize the liquidation order and other ex-between ordinary bankruptcy claims, improve the bankruptcy legislation to delete the provision "new from the old block", establish the overall awareness, scientific norms do not involve ex liquidation order; and set other ex exercise period system, the introduction of the subject matter of other ex-MCE system, build a system of protection of the bankruptcy reconciliation, building a modest reorganization proceedings to protect other ex-institutional system and so on. I do not expect their own ex regime for superficial discussion, can provide a reference value for the future of the bankruptcy of another ex-improvement and development system, and then give their power to promote a trace of modest overall progress of the bankruptcy system.