Research On The Recognition And Enforcement System Of Cross-border Bankruptcy In China

The theory and practice of international conflict law have never forgotten the issue of recognition and enforcement of cross-border insolvency.Around this issue,countries have been seeking a balance point between the unity of opposites and the theory and practice,so as to make the best allocation of the interests of all parties.The configuration of this has also promoted the "UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments".Following the steps of the United Nations Commission on international trade law,all countries have also accelerated the formulation and improvement of their own cross-border bankruptcy legal system.European and American countries have also constantly constructed and improved their own legal framework for cross-border bankruptcy cooperation by amending their domestic legislation and concluding bilateral and multilateral treaties with each other.First of all,by analyzing the particularity of cross-border bankruptcy cases and the needs of judicial practice in China,the trend of international legislation and the legal support provided by the "UNCITRAL Model Law on Cross-Border Insolvency" and the "UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments",this paper discusses the necessity and feasibility of improving the recognition and enforcement system of cross-border bankruptcy in China.The paper then analyzes the theoretical basis,legal basis,basic principles and cooperation mode of cross-border bankruptcy recognition and enforcement system.Then,it points out the shortcomings of the current cross-border bankruptcy recognition and enforcement system in legislation and the obstacles in judicial practice,that is,the current legal provisions in legislation are single and the scope of application is too narrow,the review of recognition by the court of justice is too strict,and the international judicial cooperation in the field of cross-border bankruptcy recognition and enforcement in China is not deep enough.Finally,the paper puts forward the legal framework to improve the recognition and enforcement system of cross-border insolvency and the legal suggestions to deepen the international judicial cooperation in the field of recognition and enforcement of cross-border insolvency.This paper uses comparative research analysis,empirical research analysis,text interpretation analysis and other research methods.By using the method of comparative study and analysis,this paper introduces the main cooperation modes of international cross-border bankruptcy recognition and enforcement system.In order to confirm the obstacles in judicial practice,this paper quotes two typical cases for empirical analysis.This paper analyzes the theoretical basis of cross-border bankruptcy recognition and enforcement system by using the method of literal interpretation and analysis.Through the comprehensive application of the above research methods,we finally find the perfect way of cross-border bankruptcy recognition and enforcement system in China.