Optimization Of The Standard Of Cross-border Insolvency Jurisdiction

Since China proposed the "One Belt,One Road" initiative,China and the world have been working together to develop and create prosperity.However,under the influence of the new epidemic,the number of corporate bankruptcy cases has increased,including many cross-border enterprises,and the new Article 5 of the Corporate Bankruptcy Law introduced in China since 2006 has filled the legal gap in the field of cross-border bankruptcy in China.However,the mismatch between many legal norms and cases during the trial of bankruptcy cases in practice has exposed the shortcomings of China’s legal provisions on jurisdiction in cross-border bankruptcy cases.Against this background,we analyze the strengths and weaknesses of traditional jurisdictional standards by drawing on the international standard "center of main interests",and analyze the implementation rules of the center of main interests standard by drawing on international judicial precedents represented by the EU,so as to improve China’s jurisdiction over cross-border bankruptcy cases,construct a cross-border bankruptcy system and form a cross-border bankruptcy legal system with Chinese characteristics.In order to improve China’s jurisdiction over cross-border insolvency cases,construct a cross-border insolvency system,form a cross-border insolvency legal system with Chinese characteristics,and respond to the socialist rule of law with Chinese characteristics in the new era of international law through cross-border insolvency legal innovation.This paper will be divided into four parts.The first part introduces the basic theory of cross-border bankruptcy jurisdiction,including the standards of cross-border bankruptcy jurisdiction and the reasons for the conflict of cross-border bankruptcy jurisdiction.The second part analyzes the legislative development of cross-border bankruptcy and the cases in practice.It enumerates legal documents involving bankruptcy for 40 years.After that,some cases involving foreign bankruptcy occurred in our country are analyzed based on empirical basis from the jurisdiction point of view.Explain the necessity of perfecting the standards of cross-border bankruptcy jurisdiction in practice.The third part explains the necessity of reference by analyzing the concept and superiority of the main interest center,and illustrates the value orientation standard of the main interest center rule through cases.The fourth part,from a number of angles to improve the jurisdiction,aims at solving the problems raised in the second part of this article,and referring to the detailed rules of the third part for reference.