An Analysis Of The Path Of Guaranteed Property Settlement Of Bankruptcy Expenses And Common Debt In China's Bankruptcy Procedure

The fifteenth chapter of the current Civil Procedure Law of China provides special procedures for the realization of security interests,and the bankruptcy law also stipulates that security interests can be preferentially compensated.However,at the same time,the bankruptcy law also clarified that the application procedure for the bankruptcy of the debtor should be suspended.In practice,when an enterprise goes to the bankruptcy,most of its property or all property will be attached with various property rights guarantees,resulting in the debtor having almost no free property to distribute,which will inevitably arise whether the change of the secured property can be used to settle bankruptcy costs and common debt obligations.China's current bankruptcy law does not explicitly affirm that the guaranteed property can pay off the bankruptcy expenses and the common debt,and there is no uniform standard in the practice.Although the affirmative practice is more common,the justification of the affirmative practice is not entirely doubtful.This paper analyzes the rationality and necessity of liquidating bankruptcy expenses and common interest debts of secured property in bankruptcy proceedings on the basis of affirmative measures and tries to explore the concrete operation methods and paths.This paper consists of three parts: introduction,text and conclusion.The text is divided into three chapters,the specific contents are as follows:The first chapter mainly introduces the status quo of the bankruptcy expenses and the common debts of the guarantee property in China's bankruptcy procedures,including the status quo of the legislation and the status quo of the referee and based on this,it analyzes the realization of the secured creditor's rights and the bankruptcy expenses and the common debt settlement in China's bankruptcy procedures.The main problems are mainly on whether the guarantee property can be used to pay off the bankruptcy expenses and the common debts.The relevant legal provisions and judicial interpretations are difficult to be clear and applicable,and even can be opposed to interpretation.In practice,this is also inconsistent and different.This chapter lays a realistic foundation for the introduction of the system and problem solving.The second chapter mainly introduces the handling of the guarantee debt realization,bankruptcy expenses and the settlement of the common debt in the Japanese bankruptcy proceedings.It focuses on the "guarantee right-guarantee request system",which can make the problem of the realization of the secured creditor's rights and the advancement of the bankruptcy process freeze,which is of great benefit to the problem of the realization of the secured creditor's rights and the advancement of the bankruptcy procedure in China's bankruptcy procedures.The third chapter mainly introduces two parts: the first is the analysis of the legitimacy and necessity of the guarantee property settlement bankruptcy expenses and the common debts in the bankruptcy procedure;the second is to try to explore the bankruptcy expenses and the common debts of the guarantee property in the bankruptcy proceedings.The method path mainly establishes the degree of bankruptcy expenses and common debts of the secured property burden based on the classification of the nature of the expenses.It draws on the Japanese practice to reconcile the contradiction between the realization of the secured claims and the advancement of the bankruptcy procedures,and solves the problem of the fee payment and procedural dilemma when the debtor “has no production and can be broken”.Finally,the conclusion is the summary of the full text.