The Path Choice Of China To Deal With The Legal Problem Of Transnational Bankruptcy

At present,under the vision of the world community of Shared Future for economic development,The Chinese economy and the global economy are developing together for common survival and common prosperity,and the number of cross-border bankruptcy cases facing China is also on the rise.The regret of Hanjin maritime bankruptcy case reflects various weaknesses and defects in legislation and international judicial cooperation of China’s transnational bankruptcy.Obviously,it is not enough to deal with the increasingly complex and special development trend of transnational bankruptcy,which reflects its backwardness and untimeliness.At the moment of the revision of the Enterprise Bankruptcy Law of the People’s Republic of China,it is necessary to study the path choice of China to deal with transnational bankruptcy law under the new situation.Taking "Hanjin Maritime Bankruptcy case" as the object of study,this paper makes an empirical study to discuss the path choice of China’s response to transnational bankruptcy legal issues,which is mainly reflected in jurisdiction,law application,procedure selection,recognition and relief,and is divided into five parts.The introduction introduces the history of Hanjin Maritime bankruptcy and its relationship with China,introduces the origin of the topic,research significance and research status,and further introduces the four major legal issues covered by transnational bankruptcy--jurisdiction,legal application,procedure selection,recognition and relief.Then four questions surrounding the study,the integrated use of comparative analysis,inductive reasoning,methods of literature analysis,each part first to Singapore,Germany,Japan,the United States four representative countries a concrete analysis of the verdict,we consider the response to the above four aspects of legislation and judicial practice,summarizes common or merit.Secondly,the thesis theoretically analyzes and compares the advantages and disadvantages of various systems.Then,it introduces the possible way of dealing with Hanjin maritime bankruptcy case in China,discusses the possible deficiencies in all aspects,and puts forward the path choice for China to deal with each problem in combination with the above-mentioned analysis and China’s specific national conditions.It is advisable for China to adopt the standard of "location of major interest center" in terms of jurisdiction.The method of division is adopted in the application of law;In the aspect of procedure selection,the mechanism of master and slave bankruptcy procedure shall be established.In the aspect of recognition and relief,it is suggested that the scope of recognition and the application of presumed reciprocity should be clarified.The aim is to contribute to the construction of China’s transnational bankruptcy legal system in thinking and framework.