Study On The Objection Remedy System After The Confirmation Of Bankruptcy Credit

The Enterprise Bankruptcy Law of People’s Republic of China(“Bankrupcy Law””)has regulated that the bankrupt credit should be confirmed by rulings or judgements of the court.However,there were no clauses about the remedy institution of credit after being confirmed by the court.In which case,the objection to the confirmed credit can only be remedied through the application of Civil Procedure Law.in order to solve this legal issue,hereby in this essay I’m going to analyze the remedy institution of credit objection after it being confirmed by the court.This essay will boil down to four parts,where the first chapter is about the analysis of litigation of affirming bankrupt credit.Then the second chapter is about the current remedy system of objection to confirmed bankrupt credit,meanwhile I will discuss in three approaches,that is,the legislation principle,the status quo of legislation and current legal practice respectively.In the third chapter,I will elaborate on the legislation defect of the remedy system of objection to confirmed credit,including the scarcity of remedy approach,the limits to remediable scopes as well as the conflicts in remedy efficiency and validity of bankruptcy procedure.On the other hand,I will also cover the necessity to improve or complete the current law.Finally in the fourth and last part,I will propose some viable remedy approaches through the basics of the remedy to rulings,like supplementary rulings,reverse of legal procedure and appealing,all of which shall be based on the above analysis as well as the discussion of the essence of the credit confirming rulings.This essay won’t cover all aspects of the confirmation of creditor’s rights.Besides,all the discussion about the remedy of objection of the confirmed bankrupt credit is my personal opinion under current legal system and legal frame.As an academic research,I hope this essay will be contributive.