Cognizance Of Bankruptcy Estates

Law of People's Republic of China on Enterprise Bankruptcy (for trial) which enacted in the year 1986 has a lot of drawbacks on basic system of bankruptcy,and being imperfect.Many specialists and scholars make depth studies and advices on healthying and perfecting the system of bankruptcy of our country,combining with the existing situation of international economy,all that make the birth of our new Bankruptcy law.Facing the deepen of reformation and closeing of international trade,the definition of bankruptcy estate is not allow neglected.The birth of new bankruptcy law not only indicate our bankruptcy system is more and more sound and perfect,but also enrich content and give a practicaly standard on defining the scope of bankruptcy property exactly. It has a long and far-reaching meaning in defining the scope of bankruptcy property and deal with bankruptcy case effectively.Bankruptcy property is the core of Bankruptcy law,and physical fundment on the start and conduct of bankruptcy procedure,which decisiving realisation interests of claimants.So,confirming exactly the scope of bankruptcy property is the key of system of bankruptcy.The paper discusses on three aspects:the first one,starting from the concept of bankruptcy estate,it states some general theory and compares bankruptcy estate with bankruptcy financial groups,so as debtor estate. Then it analysis character and nature.The second part theoretical discusses the standers of time and space on defining bankruptcy property.It not only compares two standards,but also the principle of expand and limit,universal and territory.At last it gives my advices。The third part combining with new bankruptcy law analysis legislation and standard of our country, using a case to study some problems in practice,finally my views.Above all,the paper starts from concepts and standards of bankruptcy property,in order to study the bankruptcy system of our country.