Legal Research On The System Of Self-government Of Bankrupt Creditor In Our Country

Creditor autonomy is the basic principle in the bankruptcy procedure,which plays a vital role in protecting the interests of all creditors and promoting the orderly proceeding of the bankruptcy procedure.The current legislation of our country has established the creditor’s interest protection mechanism with the bankrupt creditor’s autonomy system as the core in the bankruptcy procedure,which has sufficient legitimacy and rationality.However,through empirical analysis,it is not difficult to find that there are many problems that need to be solved at the institutional level,such as the unreasonable distribution of authority,incomplete relief approach,relatively general and vague rules setting.In judicial practice,judges are difficult to enforce the law uniformly because of the defects in the applicable standards and related procedures of the forced judgment rule,which leads to the conflict between the autonomy of bankruptcy creditors and the forced judgment rule.In order to deal with the conflicts arising from the existing system and judicial practice,most cases regard the efficiency of bankruptcy procedure as the main demand to safeguard the interests of creditors,and simplify the conflict between bankruptcy creditor autonomy and court dominance,but this is only a temporary measure.Therefore,the reconstruction of the bankruptcy creditor autonomous system in China should be value analysis as a starting point,based on domestic legislation present situation,examines the institutional defects,and combining the system of typical countries or regions investigates comparison advantage to improve the system of bankruptcy creditor autonomy put forward reasonable distribution functions and powers,supplementary relief path,optimization of applicable rules and effective legislative basis,and for the bankruptcy creditor autonomous system with strong explanation basis was provided for the judicial dilemma between cutting rules,in order to explore the system of legal system construction in our country.