Research On Legal Issues Of Judicial Cooperation For Transnational Bankruptcy

With the increase in the number and scale of transnational bankruptcy cases,numerous conflicts caused by cross-border insolvency have caused widespread concern in the international community and countries.Academic research on transnational bankruptcy has undergone a gradual transformation from the traditional theory of extraterritorial declaration of bankruptcy to the theory of extraterritorial pragmatism with the purpose of transnational bankruptcy cooperation.Cross-border bankruptcy cooperation has become an important way of coordinating bankruptcy conflicts,managing bankruptcy cases efficiently,and ensuring fair payment for all creditors.Therefore,based on the current international bankruptcy cooperation norms,the thesis analyzes the framework and system of transnational bankruptcy cooperation in order to provide a reference for Chinese transnational bankruptcy judicial cooperation practice.Apart from the introduction and conclusion,the thesis contains three chapters:In chapter 1,it discusses the definition and theoretical issues of transnational bankruptcy judicial cooperation.Firstly,it introduces the definition and characteristics of cross-border insolvency,and then defines the connotation of cross-border bankruptcy judicial cooperation.Secondly,it elaborates the theory of cross-border bankruptcy cooperation,and after analyzing the advantages and disadvantages of the traditional two theories of cross-border insolvency,it points out the inevitability of pragmatism extraterritoriality theory with the purpose of bankruptcy cooperation.In chapter 2,it provides an analysis of cross-border bankruptcy judicial cooperation frameworks.Firstly,it introduces the existing norms of cross-border bankruptcy cooperation at the international level and at the regional level.Secondly,it analyzes the expressions of the transnational bankruptcy cooperation norms in the treaties and soft law and points out the role of collaborative norms and guiding judicial practice in the form of soft law.Finally,it illuminates the principles,subjects,behaviors and new ways in transnational bankruptcy judicial cooperation.In chapter 3,it analyzes Chinese cross-border bankruptcy cooperation.Firstly,it introduces the evolution of cross-border bankruptcy cooperation legislation.Secondly,it analyzes the judicial practice of cross-border bankruptcy cooperation in China and puts forward suggestions.It is concluded that cross-border bankruptcy judicial cooperation has become an inevitable trend,and the current norms of cross-border insolvency cooperation is soft law.In cross-border bankruptcy cases,the competent courts and bankruptcy administrators of proceedings must actively cooperate in various ways to promote efficient management of bankruptcy cases on the basis of the principles of cooperation.At present,Chinese cross-border insolvency legislation is insufficient,resulting in a diversity of results in judicial practice.In this regard,China should make use of existing cross-border bankruptcy cooperation norms and make improvements at the legislative,judicial and social levels in order to establish a framework and system for transnational bankruptcy judicial cooperation.