The Scope Of Bankruptcy Property

Bankruptcy property is the material base of legally settling claims and debts,protecting legitimate interest of creditors and debtors,maintaining order of the market economy while bankruptcy law is the special legal insolvency procedure to implement principle of equality.To solve a bankruptcy problem,the key issue is ascertaining the coverage of bankruptcy property.To ascertain the coverage of bankruptcy property is a complex process.There are 3 standards to judge a property belongs to bankruptcy property or not,namely time measure,fact standard and spatial standard.Revocation right,recall right,set-off right,exemption right will cause expansion and reduction of bankruptcy property.This paper studied the situation of Chinese Enterprise Bankruptcy Law stipulation and German rich experience and advanced bankruptcy estate system to provide suggestion and complement the system.This paper includes the following 4 parts:Part 1,the theme of this paper is simply introduced and deficiency of current Chinese bankruptcy law under this theme is listed.Research achievements on this theme by Chinese academic are also presented.Part 2,Basis of discussion is set up as concepts related to bankruptcy property are teased and deficiency of Chinese bankruptcy law together with differences between Chinese and German bankruptcy law are pointed out.The basic target of bankruptcy law is equally distributing bankruptcy property to creditors while bankruptcy property is the material base and key factor to operate bankruptcy proceedings and realize creditors'profits.It is rather significant to ascertain bankruptcy property coverage namely the meaning of bankruptcy property.In Part 3,based on ascertaining debtors' property coverage,the deficiency of legislation in fact scope,time scope and space scope is analyzed and effective suggestions on Chinese bankruptcy property coverage legislation are provided by comparing Chinese and Germen relative legislation.In Part 4,comparative law analyzation on influence of various rights which are related to bankruptcy property coverage is conducted and suggestion are provided.Various rights in bankruptcy procedure are closely connected to bankruptcy property including revocation right,recall right,set-off right,exemption right.Bankruptcy revocation right is an expansion of bankruptcy property as bankruptcy administrator withdraw the debtors' right of disposition in free will on related property,in the meanwhile the bankruptcy recall right,exemption and set-off right are reductions of bankruptcy property.