On The Confirmation System Of Bankruptcy Creditor's Rights In China

People's Republic of China 2007 implementation of the "enterprise bankruptcy law",made a great change in the bankruptcy confirmation standard,the trial law by the creditors' meeting the single subject of bankruptcy creditor's rights confirmation mode,change for the administrator,the creditors' meeting,the people's court three were performing different duties,together to confirm the bankruptcy claims the composite confirmation mode,and achieved good results.However,since the implementation of the new bankruptcy law,there are still some difficulties in the confirmation of the bankruptcy creditor's rights in practice,such as the unclear subject of the bankruptcy creditor's confirmation,the narrow scope of confirmation and the inadequate rights relief,all of which have pointed out the direction for further improvement of China's bankruptcy law.In addition to the introduction,the text is divided into four parts:The first part is an overview of the system of confirmation of bankruptcy claims.The article first discusses the concept of bankruptcy creditor's right from two aspects of entity and procedure,and summarizes the main difference between the two angles of entity and procedure to the definition of the concept of bankruptcy creditor's right,which is the essential factor of whether to declare the bankruptcy claim as a bankruptcy claim.Secondly,the characteristics of the bankruptcy creditor's right are studied from two aspects of substance and form,and the characteristics are summarized as: it can be expressed in currency,executable,before the application of bankruptcy,and must be declared before the application is accepted.Furthermore,the concept and significance of the confirmation of the bankruptcy claim are discussed and the bankruptcy debt is made.After the analysis of the broad sense and narrow sense,the confirmation of rights is considered to be a broad sense definition.Finally,it expounds the importance of the confirmation of bankruptcy creditor's rights in the bankruptcy proceedings.The second part is the status and problems of the confirmation of the bankruptcy creditor's rights in China.In the first part from the objection of bankruptcy claims confirmation and objection of bankrupt creditor's rights confirmation two aspects discussesthe current situation of our country;then the specific recognition of the subject,from the bankruptcy trustee in bankruptcy,creditors' meeting review verification,objection of bankruptcy claims judicial relief and other aspects of the interpretation of China's bankruptcy creditor's rights confirmation is not clear the main function of the creditors' meeting there are problems such as inadequate judicial remedy defects,objection to bankrupt creditor's rights confirmation.The third part is the status and Enlightenment of the legislation on the confirmation of bankruptcy claims abroad.First of all,from the three aspects of confirmation of the bankruptcy credit review authority confirmed,no objection to the bankruptcy bankruptcy objection analysis of bankruptcy claims confirmation of foreign legislative provisions;secondly,discusses the foreign relevant provisions on perfecting the bankruptcy creditor's rights confirmation system in legislation,clear the autonomy of private law application,the claims in bankruptcy confirm the trustee duties and powers,functions and other aspects of the creditors' meeting set the enlightenment.The fourth part is the conception of perfecting the confirmation system of bankruptcy creditor's rights in China.The author discusses the status and problems of the confirmation of bankruptcy claims in our country and the legislative provisions of the confirmation of foreign bankruptcy claims,from the non objection to the subject of the confirmation of the bankruptcy creditor's right,the examination of the bankrupt creditor's creditor's right,the verification of the creditors' meeting on the bankruptcy claim,the confirmation of the judicial relief of the dissent and bankruptcy creditor's right and so on.Do not put forward the suggestion of perfecting the system of confirming the bankruptcy creditor's right in our country,and think that the bankrupt administrator should be identified as the subject of the confirmation of the bankruptcy creditor's right.At the same time,it is suggested that the examination of the bankruptcy administrator should be directly examined as the substantive examination,and to innovate and simplify the verification methods of the creditors' meeting in the confirmation of the bankruptcy claims,To clarify the supervision and control role of the people's court in the confirmation of bankruptcy claims,to strengthen the judicial relief to the parties in the confirmation of the dissent and bankruptcy claims and to optimize the various relief links.