The Liquidation Order Of The Double Interest On Delayed Performance Originated Before Bankruptcy

In recent years,the number of cases of enterprise bankruptcy disputes has shown a significant upward trend.However,as the enterprises often didn’t meet the obligation promptly before bankruptcy,the problem of liquidation order of the double interest on delayed performance which originated before enterprise bankruptcy,has become a controversial typical case in judicial practice and attracted more attention.How to determine the liquidation order of the double interest on delayed performance originated before bankruptcy,the current regulation is not clearly.Because of the different understandings of the provisions,there are different identification standards in practice,and resulting in co-vary sentence,which affects the efficiency of the bankruptcy procedure.Therefore,this problem deserves further study.In addition to the introduction and conclusion,this text is split into the subsequent 3 elements:The first chapter is empirical analysis.This half first of all,explains the supply of case samples,then makes a statistical analysis of the year,level,procedure and referee basis of the judgment.Secondly,this part makes a statistical analysis of judgment result about liquidation order of the double interest on delayed performance.Thirdly,based on the statistical results of the judgment,this part classifies three different judgment thoughts: One,the double interest on delayed performance originated before bankruptcy should be identified as bankruptcy credits,on this premise,it is classified as three kinds in the liquidation:ordinary bankruptcy credit,preferential credit or subordinate credit.Two,the double interest on delayed performance should be excluded from bankruptcy proceedings.Three,the double interest on delayed performance should not be identified as bankruptcy credit but it’s liquidation order is after ordinary bankruptcy credit.The second chapter is regarding issues and the reasons of the issues.This part puts three problems in the identification of the liquidation order of the delayed double interest originated before bankruptcy: First,the judges’ interpretation of the provisions is not uniform.Second,the judges’ prehension of the nature of the double delayed interest is inconsistent.Third,some judges do not address the issue of the liquidation order of the double interest on delayed performance.Subsequently,this part sorts out the causes of these problems,including the incompleteness of relevant provisions,the lack of subordinate credit in China,and the particularity of the double interest on delayed performance makes its fair liquidation questioned.The third chapter is about the improvement of the liquidation order of the delayed double interest originated before bankruptcy.This part puts forward a point of view that the delayed double interest should be identified as subordinate credit,and demonstrates the point of view from three aspects of rationality,feasibility and reality.By learning from foreign legislative model,this part suggests that it is necessary to make the legislative basis clearly,and introduce the system of subordinate credit.Besides,it is also necessary for judges to interpret and applicate the existing provisions reasonably,and the Supreme People’s Court can also unify the judgment standards by publishing guiding cases.The possible research innovations of this article are embodied in: This article is focused on the double interest on delayed performance originated before bankruptcy,compared with the previous studies,the article makes more targeted research.In addition,this article use empirical method,to search out the issues from judicial cases,analyzes the problems and makes pertinent suggestions,that gives more attention to the current situation of judicial practice.