The Study On The System Of Creditors Meeting

Creditors meeting is the important form of creditors autonomy in the bankruptcy proceedings. There are some relevant provisions of creditors meeting system in our bankruptcy law, but compared with the bankruptcy legislation in other countries and regions, The meeting of creditors in our country has many drawbacks, it has brought much inconvenience to the judicial practice and theoretical research. Therefore, the correct definition of the quality of the creditors meeting, the improvement of its function and operational procedure, and the establishment and maturity of the bankruptcy monitoring system are the keys for the creditors meeting to play a due role in the bankruptcy proceedings. For these reasons, I choose the meeting of creditors system as the topics of the paper.Chapter One of the paper introduces the nature of the creditor meeting. Presently, there are five theories on the nature of the creditor meeting among the bankruptcy legal circles, that is: organization of the creditor team theory, factual assembling theory, autonomous team theory, the superior authority of the bankrupt financial group theory and the independent body theory. In-depth analysis about the above theories, the writer hold that, the nature of the creditor meeting is the institution, that coordinate and form the common meaning of all the creditors in their interior, and achieve the right of the participate through the participation and supervision in bankruptcy proceedings outside. Chapter Two of the paper elaborates the theoretical basis for a meeting of creditors systematically, At the same time, explains the significance of the creditor meeting for protecting the creditor's interests, coordinating the interests between the creditors, completing the bankruptcy proceedings successfully. Chapter Three of the paper, The author sort China's Bankruptcy Law about the creditors meetings , Combining the development of China's Bankruptcy Law. And analysis creditors meeting system of China's Bankruptcy Law systematically. On the basis of the in-depth analysis of the creditors meeting, Chapter Four of the paper, The author combine the actual situation in our country, learn from other countries and regions of the advanced legislative experience, and put forward my own proposals for specific perfect of the creditors meeting, that is legislative concept of the creditors meeting, chairman of the creditors meeting ,right of the creditors meeting and creditors committee.