Title: Commentaries on the Provisions of China's Bankruptcy Law in Respect of the Bankruptcy Limit
Abstract: The bankruptcy limit is one core problem of the most basic and key problems in the bankruptcy law.There are 3 kinds of legislative styles in respect to the acts of bankruptcy in the bankruptcy law of various countries,and they are enumeration doctrine,summarization doctrine and eclecticism.The bankruptcy law of China adopted the legislative style of summarization doctrine,which conforms to the mainstream trend of modern bankruptcy law.The new bankruptcy law of China strictly stipulates that the bankruptcy limit shall be insolvency and the excess debt or the obvious lack of the ability to clear off the debt.This stipulation has discarded the malpractices of the former bankruptcy law in respect to the bankruptcy limit,and realized the unity of the scope of bankruptcy limit for various enterprises of different ownership system.It has not only drawn lessons from the legislative experiences and concepts of western countries,but also made breakthroughs on the traditional stipulations about the bankruptcy limit,showed the distinct Chinese characters,and embodied the correct legislative value.This will benefit the public interests and maintain the social stability,and help the construction of China's Harmonious Society.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot