Analysis To Several System Of Chinese New Enterprise Bankruptcy Law

Bankruptcy Law of the People's Republic of China (later development fits a new bankruptcy law), the 23rd time of convention passes in tenth Standing Committee of the National People's Congress on August 27 , 2006 , come into force starting from June 1 , 2007.The new bankruptcy law and old bankruptcy law have very big changes on legislation purpose , pays attention to relieving a debtor at the same time on new bankruptcy law basis emphasizing to protect creditor benefit in old bankruptcy law single.For running after the comprehensive balance realizing the creditor , debtor and entire society benefit, design that in having many very good system in new bankruptcy law of our country. But the author selects and uses administer system , meetings of bondholders system only, this important three terms system reforming system, from the angle protecting creditor benefit , protecting debtor benefit carries out analysis on the person.The law case making up the old bankruptcy law going bankrupt in middle is in an administer accepting and hearing the blank space state that nobody manages till going bankrupt declaring the period , debtor property. The job runs through the liquidation , compromise and reforms procedure's all the time, creditor , debtor legislation purpose having formed our country structure pattern in administer centre doctrine in bankruptcy proceedings , having embodied to run after realization.The new bankruptcy law even more emphasized creditor autonomous, in the old bankruptcy law about the creditor conference stipulated in the foundation, has made the very big improvement, and has introduced the board of creditor system, achieved the better protection creditor fairly the right which recompenses.Rallies the system is refers by the formidable sponsor applies, injudicial organization's management and under the formidable sponsor's participation, falls into the difficult position to the finance, borders on the bankrupt edge, but also has rallies the ability the company to carry on the production management. Rallies the system since while to save on own initiative borders on which bankrupt the company enables its to regenerate, maintains creditor's benefit, enable the creditor's rights to obtain the bigger satisfied system arrangement ; Simultaneously also is protects the shareholder, the creditor and the staff benefit, thus stable social economy order important legal measureIn summary, the author anew, the old method legislation condition, compared with the model overseas legislation present situation and the theory research angle, to the new bankruptcy law supervisor system, the creditor conference system, rallies the system aspect the stipulation to carry on the analysis discussion.