nlwxpearo
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Location: England
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 Posted: Tue 21:56, 29 Mar 2011 Post subject: On the Bankruptcy Practice of trials _183 |
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Trial on the Practice of insolvency cases
Called bljc, de £ apap? Id = 362 ∞) leaders ② * Law Forum effective start. In addition, the filing of the substantial elements of Even if undeclared, claims still exists, therefore, dismissed this as a reason for bankruptcy, is unreasonable, insolvency proceedings should continue. 7, on administrative intervention. This is probably most people's court and the parties do not want to run into things, but because of local protectionism and authoritarian everything, often in the course of insolvency proceedings, a piece of paper does not have the force of law to issue the minutes of the meeting so that the whole bankruptcy program can not proceed smoothly, so the court by surprise. Who are just like those who interfere with the director of the enterprise, the Plenipotentiary itself, interfering in the bankruptcy of the enterprise. Or interfere with business appraisal and valuation of the estate, or the distribution of parties by intervention, deciding whether the bankruptcy, even enterprise withdrawal of funds to support conniving, malicious bankruptcy, these are the bureaucracy and of years of feudal due to long years of rectitude. In this regard, the emergency notification provisions of Article II, . In addition, our need to learn the U.S. federal government directly responsible for corporate insolvency, bankruptcy cases tried by the bankruptcy court in an independent practice that may prevent the bankruptcy of administrative intervention. V. Conclusion and thinking way ahead will be long Xi. Before China's reform and opening-up policy more than two decades, China's bankruptcy law also only take the road more than a decade, this interaction between the two, we can say are not yet mature. The bankruptcy system related to the social stability and the protection of the legitimate interests of employees, as well as the maintenance of state assets. Therefore, the bankruptcy judge to make China go smoothly, and with the world, it is necessary to make the following reforms: First,[link widoczny dla zalogowanych], improve the country's bankruptcy legislation, as soon as possible an adaptation and development of socialist market economy, legislation, reform of some of unreasonable mechanism, so that with international standards, so that the insolvency system more suited to the socialist market economy. Second, in the socialist market economy, the establishment of the necessary supporting systems bankruptcy, such as the need to quickly establish a sound social security system, cultivate and perfect the labor market, in order to safeguard the legitimate interests of the workers and the effect of social stability . Third, according to the law binding on all levels of government administrative intervention of bankruptcy, the establishment of an efficient national institutions, truly separating the administrative and judicial separation. Fourth, strengthen the construction of judicial personnel, train a number of both legal and economic knowledge of high-quality judiciary, strengthen judicial supervision to ensure the independence of justice system. Fifth, research and learn from the U.S. bankruptcy system, establishment of an independent bankruptcy court, through the mediation mechanism, the use of legal means to make better for the insolvency proceedings.
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