Study On Value Goal And Realization Mechanism Of The Bankruptcy Reorganization System

This paper, in the view of the economics of law, has made analysis study on value goal and realization mechanism of bankruptcy reorganization system in our country's new bankruptcy law, and has found existing issue and shortcoming in our country's bankruptcy reorganization system legislation through analysis, with the purpose of offering a proposal on perfection of our country's bankruptcy reorganization system, and giving bankruptcy reorganization system full play to save enterprise in distress, then being enable enterprise obtain new life through bankruptcy reorganization system, and eventually realizing the maximization of social overall interests and being enable parties achieve a win-win result.This paper is divided into five parts, and the preface part has made a summary of instructions mainly about research background, current research situation at home and abroad, the purpose and significance of the research and the most significant research content of this paper.The body part of this paper is divided into four parts altogether:Chapter one is an overview of value goal and realization mechanism of our country's bankruptcy reorganization system, mainly about the history and connotation of bankruptcy reorganization system, the establishment of our country's bankruptcy reorganization system, the connotation of value goal and realization mechanism of our country's bankruptcy reorganization system and other contents.Chapter two, the value goal of our country's bankruptcy reorganization system in the view of the economics of law, mainly about an overview of the economics of law, the basic concept of related economics and efficiency value and fairness value of bankruptcy reorganization system and other contents.Chapter three, realization mechanism of value goal of our country's bankruptcy reorganization system, mainly about the realization mechanism of efficiency value of bankruptcy reorganization, shortcoming of our country's bankruptcy reorganization law which may impact value realization of bankruptcy reorganization and other contents. Chapter four, perfection of realization mechanism of value goal in our country's bankruptcy reorganization system, mainly about perfection of bankruptcy reorganization requirement, perfection of information announcing, perfection of court function in bankruptcy reorganization, supervisor of bankruptcy reorganization and specific measure of related perfection and other contents.The innovation of this paper is making analysis research on value goal and realization mechanism of our country's bankruptcy reorganization system by employing economic analysis method of law. According to conception of efficiency and fairness of the economics of law and the Curse theorem, this paper has proved"the chief value goal which our country's bankruptcy reorganization system should have is the value goal of efficiency and fairness", and"Our country's bankruptcy reorganization system has fully gave impression to its pursuit on value goal of efficiency and fairness, through designing of time of bankruptcy reorganization, cause of bankruptcy reorganization and other kinds of mechanism, and it has not only proved that the value goal of efficiency and fairness is the major value goal of our country's bankruptcy reorganization system, but has also declared that a series of specific systems of our country's bankruptcy reorganization are consistent with the value goal of efficiency and fairness"as well. It has put forward that the value goal of efficiency is elementary and extrinsic value goal of our country's bankruptcy reorganization system, and the value goal of fairness is significant and intrinsic value goal of our country's bankruptcy reorganization system, and the two value goal above mentioned are supplementing each other and any one can not live without the other one. Accordingly, it has not only proclaimed the economic logic root in our country's bankruptcy reorganization system, but has also emphasized the system value of our country's bankruptcy reorganization system. On the basis of the above mentioned, this paper has given several improvement suggestions about perfecting various kinds of mechanisms of our country's bankruptcy reorganization system starting from the value goal of efficiency and fairness.