Research Of The Confirmation Litigation Of Bankruptcy Claims

It is provided in the current Enterprise Bankruptcy Law of PRC Article 48/58 that if the debtor or a creditor has an objection to the list of claims made by the administrator,it is allowed to institute a legal action in the people’s court.This provision formally established the Confirmation Litigation of Bankruptcy Claims in China.As an intermediate link between starting,voting,distributing and terminating procedures,the Confirmation of bankruptcy claims plays a quite important role in the whole bankruptcy procedure.However the legislation or the academic to some extent ignored this litigation system intentionally or unintentionally.The few principle and general provisions in the Bankruptcy Law are obviously difficult to provide a clear and operational rule system for judicial practice.Besides,from the existing academic results,it has to be admitted that this litigation system is neither the focus of academic research.So in order to present the deficiencies exposed in the judicial practice of the Confirmation Litigation of Bankruptcy Claims,the author selected 511 relevant legally effective judgments published by Province S on the Chinese Judgment Documents Website during 2014-2018 as a research sample.Combining with the author’s experience in bankruptcy trials and interviews with some judges,this paper is going to analyze the root reasons behind the deficiencies and put forward effective suggestions,to ensure the functions of this litigation are fully utilized.This paper consists of three parts:The first part is the overview of the Confirmation Litigation of Bankruptcy Claims.Related terms such as the Bankruptcy Claims,the Confirmation of Bankruptcy Claims,and the Confirmation Litigation of Bankruptcy Claims will be clarified.This part defines the litigation as the action of confirmation,reviews the litigation’s historical development,and briefly analyzes the significances of the establishment of this litigation.The second part is the introspection of the Confirmation Litigation of Bankruptcy Claims.Based on the 511 legally effective judgments during 2014-2018 of Province S,it can be seen that the litigation system has outstanding problems in trial quality,efficiency and standardization,and the root courses will be explored.The third part is to improve the bankruptcy claims confirmation litigation system.In order to effectively solve the problems exposed in judicial practice,the author believes that it is necessary to clarify the basic litigation nature of bankruptcy claims confirmation litigation,clarify the status of relevant subjects in judicial practice,clarify the scope of application of res judicata and procedure convergence,refine the preconditions of bringing a lawsuit,and solve the disputes of court jurisdiction in the process selection,court role reconstruction and court trial authority to improve the trial procedure of the confirmation of bankruptcy claims.