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Study On The Law System Of Bankruptcy Reorganization Institution

Posted on:2009-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2166360242470207Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Ever since its appearance, the bankruptcy reorganization has been set the legal goal to rescue the trouble enterprises. The key to make good use of the system depends on how to allocate the legal power and obligations properly of reorganization institutions.The author in this treatise attempts to analyze the reorganization system based on its institutions. Firstly, the author recalls the history of reorganization, and then the types of reorganization institutions are discussed, which can be roughly classified into four types: Voting institution, executive branch, supervision branch and the court. Secondly, the author makes a general probe into the institutions of foreign countries, then make a comparison on their operation which becomes the base of the following analysis on Chinese reorganization organ. Thirdly, the author turns his eyes from foreign to domestic, focuses on Chinese legislation, the analysis and comment on its reorganization institution are followed.The Chinese legislation on reorganization institution owns its characteristics. The main contents are as follows: creditors' committees owns the right to vote, original investors are entitled to vote the plan of reorganization in certain situation, creditors' committees serves as a role of supervision as well as enjoys the right to vote. Reorganizer who shared by administrator and debtor may puzzled the future practice. Administrator's role transformation which changes its position from reorganizer to supervisor, is a unique system. The judge enjoys broad discretion, while restrictions are not provided detail, which may comes to the legal consequence that the discretion is likely to be abused. Lastly, the author comes to the conclusion that the Institution of Enterprise's Bankruptcy Reorganization in China remains to be perfect. The concrete contents are as follows: attach more importance to creditor rights, perfect the system of reorganizer, perfect the system of judicial intervention and remedy procedure.
Keywords/Search Tags:reorganization institution, conference-related parties, reorganizer, court
PDF Full Text Request
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