On The System Of Reimbursement In Bankruptcy

Firstly,this paper clarifies the concept of bankruptcy compensation system,and expounds its characteristics and value.Secondly,through the analysis of typical cases,this paper summarizes the main problems in the practice of China's bankruptcy compensation system,such as the unreasonable position of creditor's rights,the conflict of the compensation order,and the unclear definition of the compensation scope.Aiming at the main problems in the practice,this article from the legislative status quo of the bankruptcy system of compensation and the Angle of the theory analysis of the causes of the problems are analyzed,and corresponding improved Suggestions are put forward: first,should through the establishment of priorities and creditor's rights guarantee claims settlement rules to balance between different subjects of interests in bankruptcy and liquidation proceedings,bankruptcy priority only rely on a single to get compensation from the bankruptcy of method is difficult to achieve,the priority category compensation shall also include the guaranteed creditor's rights;Secondly,the bankruptcy creditor's rights should be classified under the principle of priority classification so as to clarify the order of the bankruptcy compensation system.Third,by excluding the mode and restricting the priority of bankruptcy compensation,the scope of compensation standard of the bankruptcy compensation system is refined.All the creditor's rights generated in the year before the bankruptcy declaration are paid as ordinary creditor's rights,no matter the survival creditor's rights or the welfare creditor's rights such as economic compensation belong to the category of ordinary creditor's rights.