The Problems Of Creditor Benefit Protection Of The Transnational Bankruptcy Field

In the case of cross-border insolvency, due to the conflict of interest between the creditors, the creditor and the debtor as well as the differences between the national legal systems, it will directly lead to the issues involved more complicated, the rights of fair repayment will be more difficult to maintain; it will also directly affect the stable development of state relations and commercial order. Therefore, resolving cross-border insolvency issues,especially the protection of the interests of creditors objective requires rigorous legal system and sound international cooperation mechanisms and strict regulatory system as the support. legal issues in cross-border insolvency belongs to the very new issues in China, legislative experience is relatively lacking, Therefore, constructing the creditor protection legal system should learn from more mature and perfect international experience. In this paper, I think we should further explore the route to protect the creditor benefit,then combined with our Chinese bankruptcy legislation status that protect creditor, build and improve the transnational bankruptcy legal system in the perspective of protect the interests of creditors.This paper is divided into four parts. The first part discusses the basic theory, it defines the concept and scope of multinational insolvency and bankruptcy claims, and analysis the several multinational implications. The second part describes the main international regime on the interests of creditors of cross-border bankruptcy relief, discusses the slave system of recourse, the merged entity system, the company personality denial system and the related basic theory in transnational insolvency practice in the applicable cases. and focus on analysis the actual role of these three systems to protect the interests of creditors.The third part is from three angles to explore the interests of creditor protection path, namely to explore from transnational insolvency legislation, international cooperation and the administrative supervision to protect the interests of creditor.The fourth part is to build our legal system to protect the interests of creditor of cross-border insolvency proposals from improving national legislation and build a relatively independent of cross-border insolvency legal system. Namely improve our company personality denial system, introduce advanced international system and establish Chinese legal system of cross-border insolvency in the spirit of cooperation based on the legislative situation in our country.