Study On The System Of Bankruptcy Conciliation

The system of bankruptcy conciliation is an important component in the system of bankruptcy. The lightening or moratorium of debt is emphasized in the system of bankruptcy conciliation in order to attain the goal avoiding the debtor's bankruptcy by resuming his ability of debt redemption .Establishment of the system of bankruptcy conciliation has realized the conversion of value purpose from single-unit to multi-unit, namely the conversion of value purpose from pure settlement of bankruptcy to preventing bankruptcy. Theoretically, the system of bankruptcy conciliation has a function accounting for the discrepancies of the settlement procedure of bankruptcy, and can attain the efficacy preserving the debtors, the creditors and balance of the public interests in society. But, few of all the cases entering into the bankrupt procedure had been handled by applying the procedure of bankruptcy conciliation in the judicial practice of bankruptcy of our country. The position of the system of bankruptcy conciliation in the bankrupt law seems very awkward, and is in the shelved status in fact. Therefore, the system of bankruptcy conciliation is urgent to be reformed or improved. This paper will try to analyze the challenges faced by the system of bankruptcy conciliation by defining and investigating its historical origins and basic theory, check and discuss the present problems in it and present the suggestions in regard to its improvement on the above basis.