Dislocation And Amendment Of Court’s Power In The People’s Republic Of China Corporate Bankruptcy Law

There is a certain degree of misalignment of the court’s powers in Enterprise Bankruptcy Law of the People’s Republic of China.This misalignment of powers will result in the court’s inability to focus its limited capacity on trial duties,and the existing bankruptcy law resources cannot be used more efficiently.The authority is questioned,and the marketization of bankruptcy law is slower than expected.The market-oriented bankruptcy law requires the court’s power to focus on trials,the cooperation of various subjects of bankruptcy law,and the roles and tasks of all parties.This article is divided into four parts to discuss the restructuring of court powers in bankruptcy law.The first part sorts out the manifestation of the misplaced powers of the court in the bankruptcy law,which can be specifically elaborated from the bankruptcy procedure,the main body of the bankruptcy law,and the existing functions undertaken by the court.The substantive examination of bankruptcy applications has misplaced review and acceptance.The relationship between the court and the administrator,creditors ’meetings,and creditors’ committees needs to be further clarified.Is it appropriate for the court to exercise the powers of the staffing issue and the issue of mandatory approval procedures in the reorganization process? It is the court’s need to explore when exercising its powers.The second part analyzes the status of the court in the bankruptcy law,sorts out the status of the court during the Enterprise Bankruptcy Law of the People’s Republic of China(Trial),the status of the court in practice after the implementation of the Bankruptcy Law of the People’s Republic of China,and what position the court should be in.The third part explains that the market-oriented bankruptcy law requires different subjects to bear their own responsibilities.This part restructures and discusses the current powers of the court.It shows that the goal of the market-oriented bankruptcy law requires the establishment of court trials,administrator management,Bankruptcy law system for creditor meeting decision-making and creditor committee supervision.The fourth part designs the system of the restructuring of the court’s powers in the bankruptcy law.It discusses the content of the restructuring of the existing powers of the court from within the bankruptcy law and outside the bankruptcy law,and puts forward personal suggestions for modification.