Research On The Priority Settlement System Of Bankruptcy Claims Of Real Estate Development Enterprises In China

At present,the types of priority settlement of claims in the bankruptcy proceedings have reached a basic consensus in the academic community,compared with ordinary claims,priority to pay off claims mainly have tax claims,bankruptcy costs,workers’ claims and common benefits debts and other types,and the academic community on the order of the aforementioned claims to pay off is not greatly controversial.Unlike ordinary enterprises,the bankruptcy of real estate development enterprises has the particularity of which is different from that of ordinary enterprises,which is also the realistic premise of in-depth study and systematic regulation of the creditor’s rights settlement system in the bankruptcy proceedings of real estate development enterprises.In accordance with the provisions of the relevant laws in our country,there is a fierce conflict between the claims enjoyed by special creditors such as construction contractors,buyers and demolition persons to the houses built by real estate development enterprises,and it is necessary to reasonably determine and standardize the order of the aforementioned special claims to pay off the above-mentioned special claims.The existing legal provisions do not provide complete and standardized guidelines for the settlement of the above-mentioned claims with priority effect,nor have they yet clearly defined the specific applicable norms of the system of priority settlement of bankruptcy claims.At present,there are many theories about the sub-payment between claims with priority effect,and there will be inconsistencies in the practice of different courts in different regions and even in the same region because the relevant legal provisions are not clear in judicial practice.The purpose of this study is to analyze the properties and relationship between the priority claims and security real estate rights of houses in the bankruptcy proceedings of real estate development enterprises,so as to clarify the settlement of each priority claim and realize the balance of interests between the priority claims.The full text mainly includes the introduction,the text and the conclusion of the three parts,of which the body is divided into two parts.The first part is the discussion of the legitimacy of the priority settlement of specific claims in the insolvency proceedings.Firstly,the types of priority settlement claims involved in the bankruptcy proceedings of real estate development enterprises are expounded.And then,the legitimacy of the breakthrough of the principle of equality of creditor’s rights is discussed on the system of priority settlement of bankruptcy claims.Finally,the change of the legislative value orientation of extraterritorial bankruptcy law and the value choice of China’s bankruptcy law legislation are introduced.The second part combs the bankruptcy claim suing system of real estate development enterprises from the two aspects of the current situation of legislation and the practical dilemma.In the current part of the legislation,first of all,according to the law of our country,we have sorted out the liquidation situation of each creditor’s claim with priority ineffectual effect in the bankruptcy proceedings of the real estate development enterprise,and tried to find out the deficiencies in the existing legal provisions.Secondly,it discusses that there is the suspicion that setting priority creditor’s rights in the form of legal documents of judicial interpretation is an independent law-making.Finally,it analyzes and reveals the ambiguity of the relevant legal provisions of the current bankruptcy claim severing system.In the practical dilemma part,the author mainly summarizes the practical dilemma of the bankruptcy claim settlement system of real estate development enterprises from three aspects:First,it expounds the legal benefits represented by each priority creditor’s right,and discusses the fierce conflict between the legal benefits represented by each priority creditor’s right,and secondly,discusses the scope and circumstances of the bankruptcy administrator’s bankruptcy discharge right in the bankruptcy proceedings,and its adverse effect on the realization of the buyer’s priority claims;This paper introduces the reality dilemma of different judicial practices caused by the lack of legislation and the vagueness of relevant legal provisions.In the third part,the article,on the basis of the above two parts,tries to put forward the possible path to perfect the bankruptcy claim settlement system.There are mainly the following aspects: Firstly,the line of effectiveness between judicial interpretation and legislation enacted by the legislature should be clarified.Secondly,it is necessary to reasonably determine the settlement of each priority claim.Finally,the supporting system for the priority settlement of bankruptcy claims is perfected.