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A Study On Reorganization System

Posted on:2008-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y GengFull Text:PDF
GTID:2166360242972424Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Legal reorganization system has only been established since the ordination of Enterprise Bankruptcy Law of People's Republic of China in 2006. Because of short legislation history and lack of judicial experience, there is still a long way to go to perfect reorganization system.The thesis consists of five parts which make a primary study on reorganization system and give some advice on how to improve the system.In part 1, some elementory subjects are studied, including reorganization system's concept, characteristics, development law and it's relation with liquidation and compromise system. Then, reorganization system's legislation history and strong need of the system in China are introduced.Part 2 focuses on reorganization system's entrance mechanism. Two entrance modes are introduced. Then items that a court needs to consider when ratifying a reorganization application are researched, such as reorganization qualification, reason and condition. In the end, legal effects after a case enters reorganization system are discussed.In part 3, subjects concerning a reorganization plan's filing, acception, and ratification by court are discussed. As the core of reorganization system, a reorganization plan's successful filing decides a reorganization process' final success. Rules about reorganization plan must make sure that a plan can take effect smoothly, but parties interested can not be impaired as cost.Part 4, reorganization's exit mechanism, studies matters about a case' getting out of reorganization system when a plan has not been able to come into being effectively, when a plan can not be implemented to a successful end and when a plan has been carried out till final success. Reorganization system should be flexible enough and stipulate clearly the legal effects when a case gets out of the system to make sure that a case' future road can be easily found whatever happens.In the final part, three important social issues concerning reorganization are discussed, induing how to exert a court's function in reorganization, state-owned enterprise' reorganization and protection of employees' interest in reorganization. Through solving key social problems in China, reorganization system can be perfected little by little and fit China's social practice gradually.
Keywords/Search Tags:Reorganization, Entrance Mechanism, Reorganization Plan, Exit Mechanism, China's Situation
PDF Full Text Request
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