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The Regulation(EU) 2015/848's Enlightenments For Cross-Border Bankruptcy System Of China

Posted on:2021-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:F F PanFull Text:PDF
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The Regulation(EU)2015/848 represent new developments in the field of cross-border insolvency legislation and reflect the cutting-edge ideas of cross-border insolvency legislation.It not only lays the foundation for the harmonization of cross-border insolvency laws in the European Union,but also The construction and improvement of the bankruptcy legal system has great significance for reference.The legal issues involved in cross-border bankruptcy are very complex,and the relevant legislation of China's cross-border bankruptcy legal system is not perfect,and it is difficult to solve the problem of frequent cross-border bankruptcy cases in judicial practice.Therefore,based on the analysis of the cross-border insolvency legal system of the The Regulation(EU)2015/848,this article recommends drawing on its advanced legislative experience,enriching the relevant theories of cross-border insolvency legal system in China,and constructing and improving the cross-border insolvency legal system in China.This article mainly adopts the textual interpretation,case analysis method,inductive reasoning and comparative analysis method to focus on the The Regulation(EU)2015/848 cross-border bankruptcy legal system,to summarize and analyze China's cross-border bankruptcy legislation and judicial practice,targeting China's current Faced with the legislative and practical issues of the cross-border insolvency legal system,it puts forward relevant suggestions for the construction of China's cross-border insolvency legal system.This article is divided into three chapters.The first chapter mainly discusses the basic theory of the cross-border insolvency legal system,as well as China's legislation status and judicial practice problems on cross-border insolvency,that is,China is mainly faced with the absence of legislation related to cross-border insolvency jurisdiction and the adoption of popularization with low international recognition Thevalidity provisions,the extraterritorial validity provisions of the bankruptcy procedure implement the principle of reciprocity,and the lack of cross-border bankruptcy information sharing mechanisms.Chapter 2 mainly introduces the legislative background,main contents and related provisions of cross-border insolvency of the The Regulation(EU)2015/848,and introduces the cross-border insolvency jurisdiction model,primary and secondary bankruptcy procedures,legal application regulations,multi-party cooperation and communication mechanism And the establishment of a bankruptcy registration system and other aspects for a comprehensive and intuitive analysis.The third chapter mainly discusses the countermeasures to improve the problems of China's cross-border bankruptcy system.These are domestic legislative proposals and cross-border cooperation proposals.Legislatively improve and formulate regulations on cross-border insolvency jurisdiction,application of laws and effectiveness of insolvency procedures;on cross-border cooperation,draw on the experience of the EU to construct a small-scale interregional cross-border insolvency convention "National Enterprise Bankruptcy Reorganization Case Information Network" builds a cross-border bankruptcy registration platform.
Keywords/Search Tags:cross-border insolvency, EU Bankruptcy Procedure Regulation, center of main interest, cross-border insolvency procedure, bankruptcy registration system
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