A Study On The Bankruptcy Reconciliation Procedure Of China

The Enterprise Bankruptcy Law of the People's Republic of China was passed in 2006, which not only specified the procedure of Bankruptcy Reorganization, but also blessed the procedure of Bankruptcy Reconciliation with more independence comparing the original regulation of Bankruptcy Reconciliation and Regrouping. As one of the enterprise bankruptcy mechanisms, Bankruptcy Reconciliation Procedure has offered many enterprises a good way of recovering rather than Liquidation and it is set to protect the rights and benefits of the creditor and the debtor, and to promote the harmonization of our society. However, in practice, the reconciliation procedure has been rarely utilized for some reasons.After studying on the procedures of enterprise bankruptcy, this paper is intended to analyze the reasons for the existing problems of our Bankruptcy Reconciliation Procedure and propose some feasible suggestions for improving the reconciliation procedure.This paper consists of four parts.Part One: this part introduces Bankruptcy Reconciliation Procedure comprehensively. The writer first introduces the reconciliation procedure briefly, including the development in China and abroad.Part Two: this part makes a detailed analysis of the value and necessity of Bankruptcy Reconciliation Procedure.Part Three: this part mainly analyzes the problem of Bankruptcy Reconciliation Procedure facing in judicial practice.Part Four: this part mainly proposes some feasible suggestions for improving the reconciliation procedure on the basis of the analysis of the existing problems of our Bankruptcy Reconciliation Procedure.