中韩破产法制下的破产程序比较研究
发布时间：2018-09-09 08:36
【摘要】：破产是市场经济下,自由竞争所带来的不可避免的一种经济现象。一个国家的破产法律制度的完善与否,直接代表着本国市场经济发展程度的成熟与否。破产法律制度是经济主体在进入市场、经济行为停止后顺畅退出的“安全阀门”；为相关破产利益主体提供法律保护以避免某些主体通过损害其他主体利益实现自己的不正当利益,维护正常的破产秩序,在市场经济中起着关键作用。而有效的破产程序则是破产法能够发挥效用的基础。经济危机与金融危机并存的当今世界,有序和有效的破产程序的稳定适用有利于促进增长和竞争,有助于防范和化解金融危机,也可引导债务人对责任承担更高的谨慎义务,并促使债权人对于扩大信贷与重组债权有更大的信心。 中韩两国地域相邻,文化蕴涵源远流长,经贸交流频繁。改革开放后中国国内环境的显著改善,强烈吸引着海外投资的眼光。因此,中国是韩国企业进出海外时最优先考虑的国家,从2002年开始,中国成为了韩国海外最大投资国。随着中国经济政策改变,加上金融危机的影响,许多中小韩国企业面临经营危机,有些不得不退出中国市场。了解把握中韩两国破产法的内容与差异,可以避免时间、经济成本等方面的浪费。 2006年,中韩两国的破产法都进行了较大修改。基于此,本文在详述中韩两国破产法律制度的基础上,通过对中韩两国破产制度尤其是破产程序分阶段、分层次进行比较,希望可以为韩国企业投资或撤出中国市场时,更多了解并运用中韩两国的破产法律制度使其避免不必要的混乱提供有益参考。 鉴于中韩两国破产法律制度比较研究的资料较少,笔者拟通过介绍韩国破产法律制度中的定义、破产程序等主要内容,为中韩两国的学术交流与沟通提供一些基本信息。 本文认为,破产法应立足于本国的国情。通过比较可知,中韩两国破产法律制度之间存在一定的差异,这是完全正常的。尽管此种差异因国家制度、经济结构等差异而发生,但这不会妨碍彼此借鉴制度的合理之处。反之,取长补短可能是贯彻本土化原则的一个必不可少的过程。
[Abstract]:Bankruptcy is an inevitable economic phenomenon brought by free competition under the market economy. The perfection of a country's bankruptcy legal system directly represents the maturity of its market economy. The bankruptcy legal system is the "safety valve" for the economic subject to withdraw smoothly after entering the market and stopping the economic behavior. To provide legal protection for the relevant subject of bankruptcy interests in order to prevent some subjects from realizing their own improper interests by harming the interests of other subjects and to maintain the normal bankruptcy order play a key role in the market economy. The effective bankruptcy procedure is the basis of the bankruptcy law. In today's world where economic crisis and financial crisis coexist, the stable application of orderly and effective bankruptcy procedures is conducive to promoting growth and competition, helps to prevent and resolve financial crises, and can also lead the debtor to assume a higher duty of care with regard to liability. And to promote creditors to expand credit and restructuring of debt have greater confidence. China and South Korea are adjacent to each other, with a long history of cultural implications and frequent economic and trade exchanges. The remarkable improvement in China's domestic environment after the reform and opening up has strongly attracted overseas investment. As a result, China is the top priority for South Korean companies to move in and out of the country, becoming South Korea's biggest investor since 2002. With the change of China's economic policy and the impact of the financial crisis, many small and medium-sized Korean enterprises are facing a business crisis and some have to withdraw from the Chinese market. Understanding the contents and differences of bankruptcy laws between China and South Korea can avoid the waste of time and economic cost. In 2006, the bankruptcy laws of China and South Korea were greatly revised. Based on this, this paper, on the basis of detailing the bankruptcy legal systems of China and South Korea, compares the bankruptcy systems of China and South Korea, especially the bankruptcy procedures, into stages and levels, in the hope that they can invest or withdraw from the Chinese market for Korean enterprises. Learn more about and use the bankruptcy laws of China and South Korea to avoid unnecessary confusion. In view of the lack of comparative study on the bankruptcy legal system between China and South Korea, the author intends to provide some basic information for the academic exchange and communication between China and South Korea by introducing the definition and bankruptcy procedure of Korean bankruptcy law system. This article holds that the bankruptcy law should be based on the national conditions of our country. By comparison, there are some differences between China and South Korea bankruptcy legal system, which is completely normal. Although such differences occur because of differences in national systems and economic structures, they do not prevent each other from drawing on the reasonableness of the system. On the contrary, learning from each other may be an essential process to implement the principle of localization.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.291.92;D931.26
本文编号：2231869
[Abstract]:Bankruptcy is an inevitable economic phenomenon brought by free competition under the market economy. The perfection of a country's bankruptcy legal system directly represents the maturity of its market economy. The bankruptcy legal system is the "safety valve" for the economic subject to withdraw smoothly after entering the market and stopping the economic behavior. To provide legal protection for the relevant subject of bankruptcy interests in order to prevent some subjects from realizing their own improper interests by harming the interests of other subjects and to maintain the normal bankruptcy order play a key role in the market economy. The effective bankruptcy procedure is the basis of the bankruptcy law. In today's world where economic crisis and financial crisis coexist, the stable application of orderly and effective bankruptcy procedures is conducive to promoting growth and competition, helps to prevent and resolve financial crises, and can also lead the debtor to assume a higher duty of care with regard to liability. And to promote creditors to expand credit and restructuring of debt have greater confidence. China and South Korea are adjacent to each other, with a long history of cultural implications and frequent economic and trade exchanges. The remarkable improvement in China's domestic environment after the reform and opening up has strongly attracted overseas investment. As a result, China is the top priority for South Korean companies to move in and out of the country, becoming South Korea's biggest investor since 2002. With the change of China's economic policy and the impact of the financial crisis, many small and medium-sized Korean enterprises are facing a business crisis and some have to withdraw from the Chinese market. Understanding the contents and differences of bankruptcy laws between China and South Korea can avoid the waste of time and economic cost. In 2006, the bankruptcy laws of China and South Korea were greatly revised. Based on this, this paper, on the basis of detailing the bankruptcy legal systems of China and South Korea, compares the bankruptcy systems of China and South Korea, especially the bankruptcy procedures, into stages and levels, in the hope that they can invest or withdraw from the Chinese market for Korean enterprises. Learn more about and use the bankruptcy laws of China and South Korea to avoid unnecessary confusion. In view of the lack of comparative study on the bankruptcy legal system between China and South Korea, the author intends to provide some basic information for the academic exchange and communication between China and South Korea by introducing the definition and bankruptcy procedure of Korean bankruptcy law system. This article holds that the bankruptcy law should be based on the national conditions of our country. By comparison, there are some differences between China and South Korea bankruptcy legal system, which is completely normal. Although such differences occur because of differences in national systems and economic structures, they do not prevent each other from drawing on the reasonableness of the system. On the contrary, learning from each other may be an essential process to implement the principle of localization.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.291.92;D931.26
【参考文献】
相关期刊论文 前1条
1 康晓磊;仲川;;对破产管理人法律地位的思考[J];法学论坛;2007年06期
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