Study On Rules Of Cognizance Of Inferior Claims

In recent years,as the the number of domestic bankruptcy cases continually growing and the types of bankruptcy cases being more complex and diverse,there is still a surplus of bankruptcy property after all the ordinary bankruptcy claims have been paid off in some bankruptcy cases,one of which is the bankruptcy liquidation case of Chongqing Xiao company.Because the bankruptcy law of our country lacks the clear stipulation of the inferior creditor's rights system,and the determination rules of inferior creditor's rights are still in the exploration stage,the court is difficult to avoid the internal contradiction between the fair principle and the excluded obligatory right system in the process of the determination of inferior creditor's rights,and the determination rules of inferior creditor's rights in our country present the problem that the logic cannot be self consistent.The determination rule of inferior claims is the procedure and standard for the court or the bankruptcy administrator to determine the inferior claims.It includes two aspects of the determination procedure and the determination standard,and is obviously different from the action that the court put certain claims inferior another.Although from the perspective of empirical law,there is no clear legal basis for the determination of the inferior claims,but from the perspective of legal theory,the determination rules of the inferior claims have theoretical basis: according to the theory of debt law,the elimination of debts should conform to the legal situation,entering into the bankruptcy procedure will not mean the elimination of debts,and in the case of the remaining bankruptcy property,debts other than ordinary bankruptcy claims have not been eliminated,The bankruptcy law should pay attention to the fair protection of the creditor's rights and interests.The determination of the inferior creditor's rights can not only avoid the inferior creditor's rights from occupying the share of the common bankruptcy creditor's rights,but also give consideration to the legitimate rights and interests of the inferior creditor.Since 2017,there has been a significant increase in the cases involving the determination of bad claims,showing the characteristics of national geographical distribution and diversified case types.In the process of identifying the nature of bankruptcy claims involving shareholder claims,punitive claims and interest claims after bankruptcy acceptance,local courts have formed different rules for identifying inferior claims.On March 4,2018,the article 28 and Article 39 of Part V of the minutes of the national court bankruptcy trial work issued by the Supreme People's court stipulated the bad creditor's rights and their settlement system in the bankruptcy proceedings,standardized the liquidation sequence of the bankruptcy creditor's rights,and provided a certain basis for the judicial practice to recognize the bad creditor's rights.However,the minutes of the meeting are only normative documents with low legal level and rough content,which can not solve the problems such as scattered content,no structured system,unclear scope,unclear recognition standard and low efficiency of the recognition procedure of bad claims in China.This paper holds that,according to the different reasons for the "inferior" nature of bankruptcy claims,we should establish a classification and recognition mechanism for inferior claims,and define and optimize the legal scope,recognition standards and recognition procedures of inferior claims.