Study On Bankruptcy Exemption Legislation In China

The bankruptcy law is a general term for all the legal norms that can be used to deal with the relationship of creditor's rights and debts, which is not suitable for the debtor to pay off the debts.In procedural law, Bankruptcy law is the special law of civil procedure, and the bankruptcy law is the special law of civil law in the substantive law. With the continuous development of the market economy,The bankruptcy law of our country has changed from the policy bankruptcy to the bankruptcy according to law, Bankruptcy procedures have been from the simple liquidation of the debtor's property to settle the debt and debt as the goal to save the enterprise reconstruction, balance the interests of all parties to achieve the optimization of the distribution of benefits and other multiple objectives. To achieve this goal of multiple and absonderungsrecht inherent priority between the conflict, In order to make the conflict to be resolved, we must design a new perfect exemption system, The scientific and normative visible exemption system set to some extent affect the success or failure of the whole bankruptcy procedure.As the bankruptcy law of the civil law, the conflict resolution and the balance of interests are the starting point of the bankruptcy law, In principle, do not change the pattern of substantive rights and obligations established before the bankruptcy procedure is established, But the specific practice in the bankruptcy procedure, for civil substantive rights and properties in the bankruptcy law to identify and confirm the necessary, At the same time, it is necessary to exercise the rights in according to the characteristics of the bankruptcy law made provisions different from civil substantive law. Have the exemption right of bankruptcy law in China is for the civil substantive rights and nature to make effective identification and confirmation of the performance, The restrictions on this right is according to the bankruptcy law in bankruptcy procedure and make provisions to exercise characteristics different from civil and commercial law."Exemption" was first established in the continental law system, The corresponding to the common law provisions of the "property secured debt", that is, the secured creditor's rights, This system is a system which is generally stipulated in the bankruptcy law of various countries, and it is a unique concept in the bankruptcy law. I think the country enjoys the ruin theory circles right of guarantee to the bankrupt property of the specific provisions of our people "<enterprise bankruptcy law>109th the" priority "is" exemption", This is the confirmation of China's legal system of exemption, China has been in the process of drafting the draft bankruptcy once adopted the "exemption", But in order to make the law more popular, They did not use the concept of "exemption" in the formal legislation.Based on the analysis on the exemption cases in the judicial practice in China, the legislation of bankruptcy exemption in our country is not perfect conclusion, According to our country's bankruptcy exemption right concept, legal characteristics, basic rights theory as the starting point, Through the analysis of the relevant provisions on the exemption right in the bankruptcy law of China, find out the problems existing in its legislation, With the relevant provisions of the exemption right in bankruptcy laws of foreign countries, think our country bankruptcy exemption perfection in legislation put forward the feasible suggestion for the ultimate goal.