The Mandatory Reorganization System

There are four chapters in the thesisThe first chapter is about general situation of the mandatory reorganization system.The chapter is composed by three sections.The first section gave us some legislation examples and historic evolution of the mandatory reorganization system.The section briefed separatly those developed countries (or prefectures) such as the UK,Chinese Taiwan,The USA,Japan which owned a complete mandatory reorganization system and suggested that we should put the mandatory reorganization system in a integrate code by taking the USA for example based on national condition in China.The second section expounded historic inevitability of the mandatory reorganization system's berth. The bankruptcy and closing down of debtor's enterprise will lead to unstability of society because of the trend of socialization, scalization, integration on countries' economy in the world. The traditional bankruptcy liguidation system and bankruptcy conciliation system couldn't settle down those difficulties and content the needs of economy development because of its' functional weakness. The third section elaborated appropriate scope of the mandatory reorganization system, this section supported that the approprite scope of our mandatory reorganization system should be settled on "large scale corporation", comparing with the USA, Fance, Japan, Chinese Taiwan. What is the "large scale corporation" should be paid to judicial explanation of The Supreme Court.The second chapter made a comparision among those related systems such as the mandatory reorganization system, the bankruptcy liguidation system,the bankruptcy conciliation system and the uncompeled rectifying system,and elaborated the core and character of the mandatory reorganization system.The third chapter explained the necessity of establishing China's mandatory reorganization system. The writer separated the chapter from the others in order to show that construction of the mandatory reorganization system is extremely urgent and near in China because of two reasons.One is that the weakness of those rectifying systems ,the other is present situation of society in China.The fourth chapter showed us the procedure of construting mandatory reorganization system.This chapter is composed by six parts.They are setting up of the procedure of reorganization, drawing up and putting forth of the plan of reorganization,main content of the plan of reorganization,passing and agreement of the plan of reorganization,execution of the plan of reorganization,abolition and ending of the procedure of reorganization. This chapter briefed overally main procedure of the mandatory reorganization system and brought forward some ideas of the legislation about procedure and indemnity from substantive.based on experience comparing with the other countris in the world.