Reorganization System Design Of Our Country

Reorganization legal system has attached great importance to its function of bankruptcy prevention, enterprise rehabilitation, and social stabilization. All developed countries have relatively sound reorganization system. But in our country, reorganization system has not been established yet, and yet reorganization occurs widely in practice which conflicts with the law. The establishment of reorganization legal system will not only fill the blank of our legislation but also help to promote the reform of state-owned enterprises.Currently, there are a lot of discussions and researches over reorganization, but most of them focus on transplanting specific system of foreign countries, and pay little attention to the value of reorganization theory and our country's actual conditions, In view of this, This thesis choose the title as Design of Our Country. This thesis was made by using comparative analysis, real example analysis and history analysis. I am expecting this thesis to be able to make a little contribution of the design of reorganization legal system.The structure of this thesis concludes two parts of introduction and text and the text is divided into four chapters again.The first chapter introduces the emergence and development of reorganization system and relating legislations of other countries, and analyzes the value of reorganization system.The emergence of reorganization system adapts to the rising requirement ofsocial equity. It is different from liquidizing and reconciliation system for its nature of rehabilitation, and is unparalleled to other bankruptcy systems. The reorganization system keeps the operation value of enterprises and optimizes social resources through internal resources restructuring. The reorganization system helps enterprises to rehabilitate, and avoid the impact of bankruptcy on society and strongly protect the welfare of the entire society.The second chapter analyzes current "reorganization" system of our country and some realistic problems, and advances the necessity to establish the authentic reorganization system of our country.Our "reorganization" system is the product of planned economy, and has obvious marks of government interference, which is simple and self-conflicting, and far from authentic restructuring system.In reality, reorganizations taken by enterprises themselves are very popular, but without legal basis. The establishment of china's reorganization system may exclude enterprises that do not satisfy prerequisites of reorganization through legal definition of necessity of reorganization. The establishment of reorganization system may also exclude unjust interference from administrative power and promote the separation of enterprises and government.Regulation system of market participants should not only involve entering system and exiting system but also remedy system. Reorganization system may improve productivity, promote the establishment of modern enterprise system and enhance competitiveness of enterprises through recombination of internal resources and adjustment of operating mechanism.The third chapter advances the basic scheme of china's reorganization system.Reorganization system should apply to which subjects? What are the principles to be obeyed in establishing the restructuring system? What kind of arrangement should be made in legislation pattern? How to coordinate reorganization, liquidizing and reconciliation? These problems are emergent, and this chapter will try to give an answer.The fourth chapter chooses several important issues in reorganization system andadvances my own scheme.The reorganization will incur high cost, if fails, the damage should be severe. Therefore, law should cautious to its process. Causation for reorganization and willing to restructure are the two substantive requirement for launching a restructuring process.The establishment of reorganization institutions should embody the balance of interests of different interested parties. Different countries have different arrangements of reorganization institutions for their features in legislation principles and legal environment. Based on comparison of the legislations of different countries, I pose some of my ideas.The reorganization plan is directively connected with the success of reorganization. I also give some advices in this field.