Study On The Legislative Model Of The Reorganization Law Of China

Evolved from the ancient Rome, insolvency law has been developing with the social economy and culture, going out of the cruel and simple state and gradually heading for a scientific and mature state. One of the most prominent character of its development is the emergence of the reorganization proceeding in insolvency law. Aimed at rescuing the indebted enterprise, reorganization changed the track of insolvency law from one liquidation proceeding into two proceedings, which consists of both liquidation and reorganization.The "Introduction" and the first chapter "General Introduction" mainly deal with the emergence, the connotation and the value pursuit of the reorganization law from the perspective of comparative law and legal history. First, the author talks about the backdrop of the emergence of the reorganization law, the development of the legislation of the countries, such as the Great Britain, France, German, Japan, the US; then through the comparison of reorganization law, liquidation and reconciliation, the author tries to explore the deep connotation of reorganization law; finally the author talks about the great importance in establishing the reorganization law from the perspective of value analysis.The second chapter "The Current Situation of Chinese Reorganization Law" centering on the content of the current Chinese reorganization law, mainly analyzes the institution design and enforcement effect of the Chinese reorganization law, and comes to the conclusion that the current Chinese reorganization law has great defect in theory and practice and cannot meet the demands of the market economy.The third chapter "The Analysis of the Legislative Model of Foreign Reorganization Laws" dwells on the legislative model of the reorganization law of the Great Britain, France, Germany, US. A key problem of the reorganization law is which party may control the indebted enterprise after the petition of the reorganization proceeding. In practice, various countries made different choices. In the US, Germany, France and the Great Britain, four different legislative models were formed by giving the controlling right to the debtor, the creditors, the court or a third party having the insolvency practicing license or experience. The four legislative models were reflected in the corresponding provisions of the reorganization law. The forth chapter "The Interaction between the Reorganization Law and the Market" mainly analyzed the interaction between the reorganization law and the market from the perspective of legal economics and especially explores the ways by which the reorganization law and the market mechanism can be coordinated.The fifth chapter "The Reorganization of the State-Owned Enterprises of China", based on the special situation of the presiding position of the State-Owned Enterprises of China, inquires into the backdrop, institution defects of the reorganization of the State-Owned Enterprises of China, and finally comes to the conclusion that the reorganization of the State-Owned Enterprises of China should be conducted in accordance with the market mechanism as that of other enterprises owned by other private parties.The sixth chapter "The Establishment of the Legislative Model of the Reorganization Law of China", through the comparison of different legislative models, based on the situation of China, analyzes how China can draw on the useful experiences of other countries, puts forward suggestions for the choice of the legislative model and the design of the corresponding provisions of the reorganization institution serving the model. The "Conclusion" further emphasizes the great importance in establishing the reorganization law coordinating with the market mechanism.