The Research Of The Reorganizer's Mechanism Of Corporate Reconstructing

The modern bankruptcy law has already been tended to reform the center doctrine from liquidation to Reorganization, But the current bankrupt system in our country only set up liquidate procedure and rectification and conciliation system of this procedure, not set up conditional Corporate reorganization alone. Seeing that the strong of the system function and complying with reform legislative trend in the world, the new " bankruptcy law (draft) " of our country begins to structure the -Corporate Reorganization. Because reorganizer carry on the reconstructing business, and carry out the reconstructing plan of Corporate Reconstructing that concern stakeholders' private right benefit and social interests, the fairness and efficiency of its behavior should not merely depend on its one's own kindhearted quality and professional level, must depend on what of various fields legal system supervise sound even more. So we must especially pay attention to legislative technology while constructing the law, in order to distribute right resources proportionally, make this justice arrange that make the kind force creditors to make a concession, accept unfavorable to discharge administration really accord with the law of the free market.This text will use Douglas & Promise Professor's frame of " theory of the system changes ", proceeding from our country's current bankrupt system, through being vertical, horizontal two-way coordinate, afford to the plan of design of reorganizer again to company of different period, different countries and regions, seek the special form of growing under the general and common background in a certain meaning of system. Using interdisciplinary at the same time, this text will reconstruct and combine more to research approach of degree between law science and economics, manage discipline etc. resource of studying, and understand the reorganizer's appearance of different system company of background. Using the agent cost theory and organization management theory, this text will find out the nature of the reorganizer and his status of the system while being whole, and try to design the right and justice system of the reorganizer rationally, and find out the feasibility under resources of native country by figuring out the trend of system design in developed country. Moreover, combining China's actual conditions and the realistic need of the corporate reconstructing, This text will set up science and effective control mechanism from two-dimensional vision of outside and inside of the corporate, on the...