Research On The Protection Of Financial Claims In Corporate Bankruptcy Procedure

How to protect the financial claims in the bankruptcy proceedings of enterprises is not only related to the smooth progress of the bankruptcy proceedings of bankrupt enterprises,but also has a significant impact on the healthy operation of the financial industry and the socialist market economic order.However,domestic scholars have rarely studied this issue,both in terms of content and depth.In enterprise bankruptcy proceedings,financial institutions usually have the largest amount and proportion of creditors’ rights,and their interests are also most implicated.However,academic research on this issue is limited,and it cannot provide sufficient theoretical basis for improving the relevant bankruptcy legal system.In China,the relevant laws and regulations for the protection of financial claims are not perfect,especially the suspension of the exercise of guaranteed claims in bankruptcy proceedings,the mandatory approval of bankruptcy reorganization plans,and excessive intervention by local governments.These issues are serious and need to be clarified and improved urgently.In legislation,the legal provisions for the protection of financial claims are mostly scattered and principled provisions,and the legal provisions are too general and vague to provide specific and clear legal basis for some specific focus issues.Therefore,I hope that the research in this article can provide useful theoretical support for protecting the legitimate rights and interests of creditors of financial institutions.In order to improve China’s corresponding bankruptcy system,this article mainly discusses and analyzes the following six parts: The first part mainly discusses the overview of financial claims,mainly from the concept,characteristics,and classification of financial claims to be explained in three aspects;The second part directly points out the main problems existing in the protection of financial claims in the bankruptcy of Chinese enterprises,namely,conflicts in the order of repayment of claims that harm the rights and interests of financial creditors,weak legal protection mechanisms to ensure the priority of repayment of claims,inadequate voting time for the bankruptcy reorganization plan and relief channels for mandatory approval,and insufficient consideration of the opinions of the creditor committee of financial institutions in the selection of managers The excessive intervention of local governments damages the rights and interests of creditors of financial institutions in five aspects;The third part analyzes the problems existing in the protection of financial claims in the bankruptcy of Chinese enterprises;The fourth part mainly introduces the legal systems of financial creditor’s rights protection in bankruptcy proceedings in major developed countries,and proposes reflection and reference on China’s bankruptcy system based on China’s specific national conditions;The fifth part puts forward targeted suggestions to improve the financial creditor’s rights protection system in China’s enterprise bankruptcy;The sixth part is the conclusion,which combs and explains the overall framework and content of this article to make it more readable and complete.