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Balance the interests of the bankruptcy law mechanism

Author: JuMeiYuan
Tutor: WuJingMing
School: China University of Political Science
Course: Legal
Keywords: Balancing mechanism of interest Manager System Bankruptcy Reorganization Historical evolution of
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 82
Quote: 0
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Abstract

Survival of the fittest is the competition of market economy principles, the enterprise is an important economic entities in the market economy, poor management of enterprises to compete in the market will inevitably suffer a loss or even bankruptcy. Standardize enterprise bankruptcy of the system of bankruptcy law is one of the important sector in the economic law law and the important role of bankruptcy law is to require enterprises to be performed by the rights and obligations of various stakeholders in the bankruptcy and corporate insolvency procedures, equal protection the interests of the various stakeholders. In bankruptcy law since the origin of the present historical period of development, due to the different balance the interests of value-oriented bankruptcy law, bankruptcy law focused on the protection of the interests of the principal is not the same. From the value of the bankruptcy law on the protection of the interests of the creditors, the debtor with a clear personal punitive exhausted all means to guarantee the settlement of the claims of creditors. Complete separation of the same criminal law only protects the equal right to be paid creditors no longer discipline the debtor's personal property of the debtor equitable distribution. With the development of commodity economy, people come to realize that bankruptcy is a natural economic phenomenon, an effective way for enterprises to withdraw from the competition in the market, it is the debtor's exemption system, the debtor through the bankruptcy proceedings are no longer on the unaffected compensation claims commitment to settle the obligation, to help settle claims and debts between the interests of the bankruptcy law balancing mechanism from the old full creditors' converted to both creditor and debtor interests. Requirements of the times in the market should bear its social responsibility, the Enterprise Bankruptcy Law, at the same time protecting the interests of the creditors and the debtor must take account of national interests, public interests and the interests of the staff and workers, to safeguard public interests and economic order, hence the modern Enterprise Bankruptcy Law reflects the balance the interests of the community-based mechanisms. This article from the perspective of history and reality, first expounded the historical evolution of the mechanisms of balance of interests in the bankruptcy law, through the interpretation of the provisions and systems, analysis demonstrated interest balancing mechanism under the current bankruptcy law several important specific systems in specific embody, and the means of the provisions of the analysis and comparative study, the lack of related systems in the equal protection of the interests of all parties, the author a little shallow insights. In this paper the introduction of writing this article the background, the purpose of writing and writing method for a brief introduction. The text of this paper into three parts: The first part briefly describes the emergence and development of the Western legal system of bankruptcy, the new Chinese bankruptcy system History. Focuses on the historical evolution of the Western Bankruptcy Law in the interests of balance mechanism, the mechanism of balance of interests in the related bankruptcy legal system evolution of the system reflects the founding of New China. The second part discusses narrow the bankruptcy of the relationship between the balance of interests, including creditor and debtor, this part of the balance of interests between creditors, the balance of interests between the creditor and the debtor's point of view to explore the mechanism of the balance of interests under the existing bankruptcy law implementation of the legislation to improve the parties a fair protection disadvantage provisions Analysis and Comparative Study on the related systems. The third part of the bankruptcy legislation to protect the legitimate rights and interests of other stakeholders and taking into account national interests and the interests of the staff and workers value. This paper focuses on several representative system, and focus on the interests of the Bankruptcy Law the embodiment of the balancing mechanism, and the system proposed legislation rationalization proposals. China is a socialist country, the equal protection of the creditor and debtor interests at the same time, taking into account national interests and the interests of the staff and workers, and maintain normal economic order and the protection of vulnerable groups, business exit shall be through the regulation of competition in the market. Bankruptcy Law in the interests of balancing mechanism of continuous improvement, will become a powerful tool to maintain the market order, regulating income distribution.

Balance the interests of the bankruptcy law mechanism

Abstract

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