对我国企业破产债权清偿顺序之思考.pdfVIP

A b str a c t T he im portant function of the legal sy stem for bankruptcy is to distribute in so lvency estates ju stly and legitim ately w hen enterprises going bankrupt. T he form u lation of liqu idation order in the bankruptcy law , is one of the m ost effective m eth ods to balance the interests of each party in the procedure of bankruptcy. Tak ing the case of “San lu m ilk p ow der” as an exam p le, the author tries to analysis the interests of each p arty in th e procedure of bankruptcy on th e base of value orientation of b ankruptcy system and legislations in oth er countries. Then the author tries to conclude som e u seful suggestions for the legal system about the liqu idation order in the procedure of bankruptcy in C hina. T he structure of this article is as follow s: In the first chapter, the au thor does the research on the valu e orientation s of bank ruptcy law in different periods and found the interests of creditors w ere protected specially in the early E nterprise B ankruptcy L aw . Then debtors interests w ere gradually tak en into con sideration . A nd after that m uch m ore kinds of interests w ere protected by bankruptcy law . N ow adays there are still som e new changes tak ing p lace in bankruptcy law in lim iting the realization of secured debts, protecting vu lnerab le group s interests an d w eak en ing the governm ental claim s. In the secon d chapter, the author an alyses the change of value orientation in bankruptcy law system in C hina, w hich used to pay too m uch attention on the interests of society other than on the interests of creditor or debtor w hile after the m arket econom y is bu ilt, m ore attention is be paid to the diversified interests protection and coordination of legislative orientation . In addition, the author introduces the prov ision s relating to