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The Estate of the Distribution System in China

Author: ChengJun
Tutor: ZhangHaiYan
School: Shandong University
Course: Legal
Keywords: Insolvency estate Distribution of bankruptcy Allocation pick
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 127
Quote: 1
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Abstract

The market economy is the economy of the rule of law, bankruptcy law is the law of market economy exit out of the market due to bankruptcy, Bankruptcy goal is that the economy will harm minimization. The bankruptcy distribution system is the most important and critical part of the bankruptcy system, Bankruptcy core issue is how to determine the bankrupt property and assign it to another person. And the bankruptcy distribution system design is reasonable or not, the size of the economic harm on Enterprise Bankruptcy plays a key role. The bankruptcy distribution system is a system of collective settlement of its nature and characteristics of a fair and equitable settlement of. To be fair and equitable distribution of allocation body, it is necessary to classify, analyze the characteristics of each class of equity, treated in the same way according to the balance of interests between the legislative purpose and stakeholders to do the same interests. Starting from the analysis of the scope of the estate, the definition of the concept of the estate, with the world against the estate of the legislative principles and doctrines, define the scope of the estate, and analyzes of expansionism against the estate legislation China after the estate legal characteristics. Defined the scope of the property of the bankrupt, these allocations stakeholders to be assigned bankruptcy bankruptcy classification, the stakeholders of the property distributions were analyzed. Defined on the insolvency estate and on the basis of analysis of the characteristics of the various stakeholders of the bankruptcy assets allocated, how the bankruptcy assets assigned to the distribution of the main body of the bankrupt enterprises, according to the legislative principles of the world, combined with China's actual situation, determine the provisions of the bankruptcy order of allocation of the distribution of property by the legislature. According to the Bankruptcy legislative purpose and legislative principles, the use of a comparative approach, the paper analyzes the characteristics of China in 1986 \in the allocation of overall analysis of the characteristics of China's Bankruptcy bankruptcy and property allocation procedures. Based on the characteristics of bankruptcy pick of the distribution of property and bankruptcy allocation procedures, combined with the practical operation of the bankrupt, I pointed out some of the contradictions and problems that appear in the the bankruptcy distribution system operating practices. Especially in the the bankruptcy property distribution order, the main existing secured property and bankruptcy costs who more priority to the issue, has the nature of the personal rights of creditors the allocation problem, revenue claim priority and inferior after the claims of the provisions of problems, respectively. analysis in bankruptcy practice reasons for these problems, combined with the specific circumstances of the country, in accordance with the the bankruptcy principles on the allocation and distribution of the value orientation, puts forward some solutions, in order to better bankruptcy distribution practice The guidance of practical operation, to play a constructive role in future legislation.

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