The Construction Of Rules On The Recognition Of Cross-Border Bankruptcy In China

Since the 21 st century,the international community has experienced a relatively rapid development stage in the construction of cross-border bankruptcy law.However,my country’s cross-border bankruptcy legislation has been stagnant,and the principled provisions of Article 5 of the Corporate Bankruptcy Law have not been refined.,Nor did it issue a judicial interpretation to Article 5 to deal with the specific issues of cross-border bankruptcy recognition.This lack of legislation has largely affected the breadth and depth of China’s participation in international cross-border bankruptcy cooperation.The first chapter "The Significance of Systematic Regulation of Cross-Border Bankruptcy Recognition System" mainly plays a role in raising questions.Based on the research background,it strengthens the necessity and urgency that China should seize the opportunity to reform the cross-border bankruptcy legislation.It is clear that the establishment of a comprehensive cross-border bankruptcy recognition system is not only conducive to improving the professionalism of such judgments,but also greatly promoting the development of my country’s foreign-related economy.Chapter Two "Typical International Legislation for Cross-Border Bankruptcy Recognition" mainly analyzes the issue from a foreign perspective,and studies and judges the reform trend of international cross-border bankruptcy rules.It mainly introduces the United Nations "Model Law on the Recognition and Enforcement of Insolvency-related Judgments" as a supplement and improvement to the "United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency".It has a strong understanding of the procedures and conditions of recognition and the reasons for rejection.Provisions on operability;after the United States reformed relevant regulations on cross-border insolvency in 2005,it not only simplified the conditions and procedures for recognition,but also clearly stipulated the conditions and methods for providing temporary relief to the applicant country;Japan is breaking the strict territoriality After the doctrine,the conditions for recognition,the court of jurisdiction,the method of assistance and the provisions of parallel bankruptcy.The third chapter "Current my country’s statutory recognition of cross-border bankruptcy review conditions" mainly analyzes the issue from a domestic perspective,and provides ideas and ways for my country’s legislative reform.Mainly introduces the review conditions for cross-border bankruptcy recognition in Article 5 of my country’s current "Bankruptcy Law" from the perspectives of positive conditions and negative conditions.Positive conditions include that the adjudication has taken effect and a treaty or compliance with the principle of reciprocity.Negative conditions include public policies.To preserve and not harm the lawful rights and interests of creditors in our country.The fourth chapter "constructing the system rules of my country’s cross-border bankruptcy recognition" is mainly to provide countermeasures for my country’s participation in international cross-border bankruptcy practice at this stage,hoping to build the basic framework of my country’s cross-border bankruptcy recognition system.Discuss separately the inclusion of the "location of the debtor’s bankruptcy property" into the scope of domicile,the inclusion of "bankruptcy-related judgments" into the scope of recognition,the construction of a specific bankruptcy administrator system,the documents that should be submitted when an application is filed abroad,and cooperation after recognition,The entity that refuses to recognize and the procedural reasons,and the design of many rules such as the construction of a non-primary procedural system for coordination under multiple bankruptcy procedures.