A Study On The Compensation Of Shareholders' Creditor's Rights In Chinese Bankruptcy Law

Affected by the international macroeconomic situation,in recent years,China's economic do,wnward pressure continues to increase.On the one hand,the government took the opportunity to deepen the economic system reform,strengthen the macroeconomic regulation and control,to promote the structural reform of the supply side,put forward 2016 "to reduce production capacity,to lower inventory,to decrease leverage,to cut costs and fill short board" five tasks.As a result of the policy level,the number of domestic bankruptcies in 2016 surged,and there was a problem that was not provided by the insolvency law at the practical level;On the other hand,the traditional system of commercial law is built around "single enterprise",and with the emergence of enterprises such as affiliated enterprises,enterprise groups and other forms of business and the occurrence of shareholders and enterprises generally,the traditional commercial law system challenges.And the above two aspects of the problem reflected in the bankruptcy law,the most prominent problem is when the company into the bankruptcy proceedings,the shareholders of the creditor's rights and other creditors can be treated equally,get the same proportion of compensation.Contemporary bankruptcy law school basically reached a "creditor priority,taking into account the debtor corporate relief," the legislative consensus.In the insolvency proceedings,if the shareholders of the creditor's rights and other creditors creditor's rights will inevitably affect the interests of external creditors.When the interests of creditors are affected and the bankruptcy law is not clearly stipulated,how to draw lessons from the experience of foreign legislation to solve the problems encountered in our country's judicial practice,how to carry out the rule-level introduction and the rule-level design in legislation to perfect our law System to become the urgent need to solve the problem.In order to fully understand and solve this problem,this paper uses the case analysis method,comparative law and other proof methods to explain the necessity and rationality of the shareholders 'creditor's rights compensation,and argues that the bankruptcy law constructs the rules of the shareholders' Should be limited to a single theory,but should be combined with China's legal provisions and judicial practice of the reality,and the solution to the problem proposed by the author in order to improve the bankruptcy legislation and judicial building blocks.This paper is divided into five parts,which discusses the issue of shareholder creditor's rights compensation in bankruptcy.The first part is an explanatory overview of the issue of shareholder claims in insolvency proceedings.First of all,the concept of the subordinated claims,types and their limitations to explain;And then expounded the development history of the shareholder claims in the bankruptcy proceedings in foreign countries,and explained the different influence scope of the two legal systems.Finally,the author introduces the attempt to introduce the rules of shareholder creditor's right in the bankruptcy law or the company law,which shows that the legal profession in our country has made constant attention and efforts to this problem.The second part mainly analyzes the legal characterization of shareholder creditor's rights in China's current bankruptcy law and the practical problems arising therefrom.This part mainly explains the main problems of the existing legal provisions and the practice,and draws lessons from the predecessors' theoretical and empirical research results,and makes the structural preparation for the necessity of introducing the rules below.The third part is the core and focus of this papery mainly using case analysis and comparative law.According to the above discussion,the author analyzes the necessity and theoretical basis of shareholder creditor's rights,and then analyzes the provisions of the bankruptcy law of the United States and Germany on the compensation of shareholders' creditor's rights.The focus of the design of the law.Finally,the Supreme Court of China to guide the case of the main purpose of the referee to conduct a full analysis,in order to obtain the Supreme Court on the issue of the referee applicable points.The fourth part,on China's bankruptcy law in the introduction of shareholder creditor's rights to the rules of re-thinking and review.Put forward the personal opinion that should be set up,and analyze the legislative experience and model which should be used for introducing the rule,and put forward their own opinions.And then the necessary analysis of the impact of the introduction of the rule on the existing legal system and the possible "side effects",and put forward the countermeasures that the author thinks feasible;Finally,I suggest that the introduction of the rules should be noted that a few suggestions.Based on the above description,in this part,I agree that China's bankruptcy law in the timely introduction of shareholder creditor's rights rules of the point of view,but in the specific rules of the design should not limit the virtues of a single legislative and regulatory framework,after the revision of China's commercial law system,the foreign legal provisions and judicial practice accumulated experience dialectical analysis,take good use.