Research On Jurisdiction Objection Of Bankruptcy Cases

It is inevitable that there will be an objection to jurisdiction of bankruptcy cases, but the current Bankruptcy Law doesn't mention the jurisdiction objection of bankruptcy cases, only in the Article IV clearly defined that it is applicable to use Civil Procedure Regulations.However, after all, the bankruptcy cases are different from the ordinary civil and commercial cases. The objection to the jurisdiction of bankruptcy proceedings has its own particularity in the subject, object, time, specific procedures and relief mechanism. So according to the rules of the guidelines, applying to the civil procedure jurisdiction objection system can not well solve the jurisdiction objection of bankruptcy cases. The crudeness of legislation results in that when bankruptcy practice cannot use the jurisdiction objection system of civil procedure directly, the judge or court of the bankruptcy case have much discretion, which makes them spend more time to deal with the jurisdiction objection issue of bankruptcy cases. “Timely and efficient manner to resolve insolvency and maximize value” is the value of target assets of modern Bankruptcy Law. However, Bankruptcy Law is unified substantive norms and procedural requirements. In order to achieve this objective value, the entity and procedure system should be designed for saving time and cost, improving the efficiency of bankruptcy cases. Therefore, it is really necessary to construct jurisdiction objection system which is suitable for the characteristics of bankruptcy cases. It can not only provide certainty guidelines for the insolvency practice and shorten the processing time of the bankruptcy case,but also can reduce costs and increase the estate and improve the repayment of creditor's rate.The article in the introduction part mainly introduces the topic, jurisdiction objection of bankruptcy case, and purpose of the study, theoretical significance and practice of guiding values. It has a brief introduction to the relevant research of the domestic and foreign research status and then introduce the research methods and the innovation in order to visually show the main idea of writing this article.The first part has an introduction to Weihai Sanjin shipping reorganization case and digs out the problems of using the civil procedure jurisdiction objection system to deal with the jurisdiction objection of bankruptcy cases in the practice.The second part mainly introduces the legal basis for construct the jurisdiction objection system of bankruptcy cases. First, it elaborates the relevant provisions of the current Bankruptcy Law on jurisdiction objection of bankruptcy case. Then a detailed analysis of theparticularity of the jurisdiction objection of the bankruptcy case. Finally further from the creditor, the debtor and the court on construction necessity of jurisdiction objection system of bankruptcy cases.The third part mainly introduces four representative viewpoints on the current bankruptcy theory about jurisdiction objection of the bankruptcy cases. Then every view is specific analyzed. Last, it points out the reasonable and shortcomings in order to Use for reference to construct our country bankruptcy jurisdiction objection system.Based on the second part, the fourth part takes in the best of the reasonable parts of the third part. Finally, it builds a program which is suitable for China's bankruptcy case of jurisdiction objection system from the five aspects of subject, object, time, specific procedures and relief mechanism.The last part of the article is the conclusion, which is a brief summary and summary of the content and writing ideas of this article.