Comparative Study on Bankruptcy Law

Author: Fu Cuiying
Publisher:
Publish Date: 2005-02-23
Features: Comparative civil and commercial law is not a legal system or department but usually refers to the comparative study of civil and commercial law in different countries or regions, also known as comparative civil and commercial jurisprudence, which is an important branch of comparative law. In the history of comparative law, the comparative study of civil and commercial law was the pioneer and mainstream of its rise. Since the 19th century, comparative law has become particularly popular in fields such as civil law and commercial law. After World War II, although comparative law has seen significant development and its research scope has expanded, the comparative study of private law still dominates. A representative work like the International Encyclopaedia of Comparative Law is primarily focused on civil and commercial law. Comparative civil and commercial law conducts comparative studies of civil and commercial law in all-round and multi-dimensional ways. Its comparative methods include general and sectoral comparison, macro and micro comparison, horizontal and vertical comparison, substantive and formal comparison, and so on. However, among all these methods, there are essentially only two that can be considered methodologically significant: "descriptive comparison" and "analytical comparison." "Private law is the foundation of all laws, and to govern public law, one must first govern private law." Based on the status of private law (i.e., civil and commercial law) in the legal systems of countries worldwide, conducting comparative studies of civil and commercial law holds great significance. Currently, China is actively researching and drafting a civil code, and it is necessary to boldly learn from and adopt advanced legal rules and legislative techniques from developed countries and regions in regulating market economies. This requires the foundation and prerequisite of comparative civil and commercial law studies. Comparison enables differentiation, allowing us to select the best and adopt them. In judicial practice, whether applying private or public law, legal professionals need to broaden their horizons, familiarize themselves with the basic provisions and doctrines of civil and commercial law in major countries and regions, and grasp the internal connections between different legal departments. This enables a deeper understanding of the spirit of the law and continuous improvement in law enforcement and judicial standards. For legal education and research, conducting studies on civil and commercial law holds even greater significance. Comparative civil and commercial law provides fresh insights for law students, faculty, and researchers, helping them understand and respect the unique civil and commercial legal cultures of other countries. This, in turn, enhances their understanding of their own country's laws, refines their knowledge structures, improves their research levels, and provides more scientific and reliable theoretical guidance for the development of their national legal system. Currently, China has made certain progress in comparative civil and commercial law studies, publishing several works on comparative civil law, and some universities have even offered courses on comparative civil law. However, overall, the comparative study of civil and commercial law remains insufficiently comprehensive and in-depth, and there is no systematic body of literature on it, which is disproportionate to the research on civil and commercial law itself. To address this, we have compiled this series of comparative civil and commercial law books, aiming to promote further development in legal system construction and academic research. This series includes: Comparative Studies on General Civil and Commercial Law, Comparative Studies on Property Law, Comparative Studies on Contract Law, Comparative Studies on Family Law, Comparative Studies on Inheritance Law, Comparative Studies on Intellectual Property Law, Comparative Studies on Company Law, Comparative Studies on Negotiable Instruments Law, Comparative Studies on Securities Law, and Comparative Studies on Bankruptcy Law. The authors of this series come from institutions such as the People's Public Security University, Renmin University of China, the University of International Business and Economics, Zhongnan University of Economics and Law, Xiamen University, the Legal Affairs Commission of the National People's Congress, and the China Securities Regulatory Commission. They include both experts and professors from academia and legal professionals from relevant departments. They are all young scholars, most with doctorates, solid theoretical foundations, and deep academic expertise. They are quick thinkers, ambitious, and actively engaged at the forefront of academic research in their fields year-round, while also being familiar with practical operations. This has laid a solid foundation for ensuring the quality of the series.