Study On The Launch Of Bankruptcy Proceedings Of The Debtor From The Perspective Of “companies In A State Of Limbo”

The bankruptcy proceedings, as the main legal procedures of the withdrawal from the standard market, shall operate normally to standardize the normal withdrawal from the market players. However, the “companies in a state of limbo” exist extensively, and on the other hand, there are few bankruptcy cases. The irrational co-existence of the above phenomenon highlights the barriers in the launch of bankruptcy proceedings, and it is urgent to give full play to the bankruptcy proceedings. In this paper, problems in the bankruptcy launch proceedings of the debtor are analyzed, and reasonable suggestions are proposed, hoping to give full play to the value and function of bankruptcy procedures, and alleviate the related legislation and “companies in a state of limbo” gradually.It consists of the introduction and four chapters, including:The introduction mainly illustrates the problems, topic selection significance, literature review, research method, innovations, and defeats, etc.In the first chapter, the history development of the bankruptcy launch proceedings of the debtor is illustrated, and on that basis, the value and significance of the launch of bankruptcy proceedings is further stated. By further sorting out the legal stipulations on the launch of bankruptcy proceedings and specific requirements, it aims to clarify the functional positioning of the launch of bankruptcy proceedings in the entire bankruptcy proceedings, so as to lay a theoretical basis for the study on the launch of bankruptcy proceedings of the debtor.In the second chapter, the existing problems in the bankruptcy proceedings of the debtor are explored through the empirical study on the “companies in a state of limbo” based on the cases and investigation data, and defeats in the legislation for the launch proceedings are put forward.In the third chapter, related stipulations on the launch of bankruptcy proceedings in the civil law system and Anglo-American law system are inspected, and the legislative agents are analyzed, and meanwhile, the institutional rules, principles and legislative technologies are further summarized. Through the contrast investigation of the stipulations on the launch of bankruptcy proceedings in different countries throughout the world, revelations for the design of bankruptcy proceeding launch system from other countries are summarized, aiming to discover and solve the difficulty in the launch of bankruptcy proceedings of the debtor in China.In the fourth chapter, based on the previous discussions, the value and objective of the bankruptcy law is respected and further realized. Combining the realistic problems reflected in the empirical analysis of “companies in a state of limbo”, contents that can be referred from the foreign laws are summarized, and the possibilities of some suggestions to the perfection of the bankruptcy proceedings launch are discussed.