Concerning The Improvement Of The System Of The Creditors’ Committee

Since the creditors’ committee system is introduced into our country bankruptcy law, academic research and discussion about the system in our country is relatively scarce, and the rules of the existing content are summarized and fuzzy, the set up time is not clear, no specific function scope, lack of corresponding supervision mechanism are low and need to be perfect place, such as the bankruptcy proceedings related to our country judicial practice has brought a lot of inconvenience to some extent hindered the development of China’s bankruptcy legal system and the effective development of the socialist market economy, the reason for the creditors’ committee system of perfect research has quite the necessity and feasibility of this is the meaning of this paper to study.In this paper the discussion of the improvement of the system of the creditors’ committee mainly divides into four parts:Firstly introduces the theoretical overview of the creditors’ committee, and as the basis of the article writing theory. Through the theoretical basis and general description of the creditors’ committee system, is the concept of the creditors’ committee, the composition of the creditors’ committee and its functions, introduces the way of the establishment of the creditors’ committee, and then discusses the significance of the establishment of the creditors’ committee, reveals its significance in the bankruptcy law.Second through to the specific provisions of the creditors’ committee system in China and introduces the legislative status quo and analysis, and found that our current bankruptcy law stipulated in the relevant creditors’ committee system in aspects of deficiencies.Again for the outside of the law about the legislative status quo of the creditors’ committee system, based on the abroad such as the United States, Japan and Taiwan investigation and analysis on the legislative status quo of the creditors’ committee, to perfect the system of the creditors’ committee in our country provides the beneficial reference.Finally reflect the deficiency of the creditors’ committee system in China, combined with outside legal aspects related experience, targeted puts forward some perfecting Suggestions. By defining the creditors’ committee set up time, to set up the perfect of the creditors’ committee endows the creditors’ committee decision-making mechanism, the penalty function, clear the creditors’ committee, set up the scope of their functions and powers of the creditors’ committee supervision mechanism and specific creditors’ committee members of the rights and obligations and responsibilities, etc., perfect the system of the creditors’ committee in our country, in order to more effectively exercise their supervisory functions in the bankruptcy law, promote the development of bankruptcy law in our country.