Study On The Debt Benefits Of Bankruptcy Proceedings

The common interest debt exists to expand the interests of the creditor and can be repaid with the debtor's property in priority and can be repaid at any time.Because of the absolute superiority of the common interest debt in the repayment order,it is necessary to strictly limit the scope of the common interest debt.In order to strictly limit the scope of the common interest debt,we should first determine the identification standard of the common interest debt.In theory,there are two criteria: absolute procedure standard and double standard.What our country legislates USES is former absolute procedure standard principle,namely the debt that happens after accepting bankruptcy application has common beneficial of course ground.However,the absolute procedural standard ignores the complexity of the reality,so that the purpose of the common interest debt system is in danger of failing.The principle of absolute procedure standard will lead to the risk of unshared benefits,and at the same time,it also has the disadvantage of improperly expanding the scope of Shared benefits.In order to eliminate some false co-beneficial debts,the legislation should adopt double standard to judge the scope of co-beneficial debts.In order to explore the feasible path double standard system construction,also to support the superiority of double standards system,the author comments on the absolute in the application of standards and the pros and cons of double standards,in the perspective of principle of double standards,the current common good debt system in China has a relatively comprehensive and systematic analysis,to explore that the principles of absolute standards contain false debt of common benefit,by absolute standards principles and some of the omission of real business of common benefit.