Legal Thinking Of Bankruptcy Law

The bankruptcy law is known as the mini-constitution of the economic field, so itsstatus is very important. In accordance with the characteristics of the different periods, ourcountry has been drawn up old and new bankruptcy law. These two laws have beenproduced a significant and far-reaching impact on the legal system of China’s socialistmarket economy. But in practice, there is no appropriate supporting system to complement,undue influence of the administrative organ is also a fact, coupled with the law itself hasdefects in the development and so on. Eventually the old and the new bankruptcy law havea difficulty in implement, and be in a shelved state. However, developed countries basedon their current situation, after the enterprise went bankrupt, they used laws to determinesolution of some social problems, and then in strict accordance with the law to deal withthe bankruptcy cases. The focus of the paper is not the bankruptcy law itself.In this paper,the author uses the logical and empirical analysis, from the perspective of sociology of law,makes a profound thinking of the law about the reasons of the problems and analyzes thefactors behind of the existence of the problems. Compared with developed countries’advanced system, eventually we come to some revelations about the nomology.