The Proection Of Bank Claim On Process Of Bankcruptcy

This paper mainly studies financial creditor's rights protection problems on the process of enterprise bankruptcy. from the nature of creditor itself,by analysing the position of China bank creditors' rights in the existing laws , we realize that the protection of financial creditor's rights can be achieved with applying to traditional safeguarding ways before enterprise bankruptcy, ensuring the safety of financial creditor's rights trading.At the same time we analyses how to effectively use the bankruptcy procedure safeguard the financial interests of creditors on the enterprise bankruptcy procedures . This paper adopts comparative research methods.Through comparison of the relevant system of Anglo-American countries Germany and Japan, the relevant system of China's enterprise bankruptcy law were analyzed. In addition, the article analyzes the actual cases in judicial practice on the current enterprise bankruptcy procedures and find some the deficiencies, then we give some ideas. I hope that the result of this paper can be helpful to our country bankruptcy system of theory, legislation and the relevant practice.In addition to the introduction and conclusion,this paper is divided into four parts.the first part to the fourth part is the main part of the article. Part 1 of this article define the nature of financial creditor's rights.It is clear that the financial creditor's rights s a common claim, and do not have advantage position under the current law. Part ii of this article focuses on the current laws regarding the protection of financial creditor's rights.Through case analysis method, the relevant bank debt situation is pointed out on the the current enterprise bankruptcy protection . At last, it points out that drawbacks of China's current laws about bank creditors' protection on the enterprise bankruptcy process , and the emergence reason were analyzed. This paper is mainly through comparative study on the third part . Relevant bankruptcy system represented by British and American continental law system and as a representative of the countries of Anglo-American law system of are discussed, pointed out the advantages and disadvantages of the existing system of these countries. From the viewpoint of creditors and debtors, we give our opinion to perfect our bankruptcy procedures on the the last part of this article, including perfetction of the bankruptcy procedure itself, the creditor relief means the construction of guarantee and other system.