On Reorganization System Of Chinese Listed Corporations

Nowadays companies have already become the cell and the soul of the world economics revolution, enterprise's influence also expands gradually from and even several entities to an local, a country domain and even the many national important corners, the company takes entrusts with the market vigor the life body to display the economic utility and the social efficiency two-sided values more and more, company's bankruptcy also day by day initiates the wide range in this significance the economical damage and the destruction. Near two year global economic crisis indicated that particularly some Multinational corporations, to be listed, the giant company's difficult position and the defeat, often cause a country and even the world economics decline and intense, the enterprise load's community responsibility as well as the creation advantageous value causes the maintenance enterprise's operation and the survival even more has the solid significance.The rallying system gets up in the British source after the US develops, in UK and US, France, Japan, Germany and so on many countries has half century and even hundred year above history. Especially the American bankruptcy law 11th chapter of under rallying stipulated that has become including our country each national establishment bankruptcy prevention mechanism model. Since our country new bankruptcy law reform implementation, was still new regarding the rallying system's introduction grand plan, our country regional enterprises rally the practice is being explored leads the way. In our country, use rallying system saving difficult position enterprise only then less than three year history, this system main application to be listed, state-owned Major industry's rescue domain, because for this kind of business failure negative influence and greatly has the rescue hope in the rescue cost and the income computation, therefore these two kind of enterprises rally the successful case was present in the recent years frequency. But as to be listed, has"the shell"preciously compared with the common enterprise the resources, rallies regarding borders on bankrupt to be listed to become nowadays caters to all quarters benefit the only way out, the author rallies the system to be listed to conduct the special research, intended to the solution To be listed to go bankrupt Zhu who in the prevention presented Xiang the question, and through rallied the legal regime to our country To be listed to conduct the research and the principle analyzes, holds our country to rally the practice the branch and key, from this by was heavy and is light, by this and end, grasped our country to rally the system development the path.In studies and in the proof method, this article ma inly uses case study, comparison research, deduction and induction as well as historical analytic method and so on. The author embarks from the rallying elementary theory and the rallying international legal environment, summarized the legal system way which and the practice case in the research our country To be listed rallies, unearths the deviation which and the misunderstanding its legislative in the deficiency and the practice exists, and induces our country present To be listed to rally in the practice to give the attention and the solution main subject, finally offers a few ordinary introductory remarks so that others may offer their valuable ideas, to propose that consummates our country To be listed to rally legal regime's opinion.The full text is divided five chapters. The first chapter rallies the outline for to be listed, divides into particular four which rallying the general theory, to be listed rally the basic question which, to be listed to rally the international field of vision which as well as our country To be listed rally. The author elaborated the first rallying related concept and the characteristic, then the concept which, the significance rallies to be listed carry on the summary, then from the international contrast's angle the survey which to UK-US, French, Japan, the German five country To be listed rallies said that finally went on the market the condition from Our country Corporation and precious"the shell"the resources, our country To be listed goes bankrupt not broken as well as our country To be listed rallies the mechanism establishment to be still new three angles to elaborate our country To be listed rallied the particularity was.The second chapter the legal way which rallies for to be listed, divides into rallying the application and authorized, the rationalisation plan formulation and through, the rationalisation plan execution and completes three. The author discussed ordinary company's rallying in each to stipulate separately, also further rallied the step to be listed the feature to carry on the explanation.The third chapter the author summarized the practice case which our country To be listed rallies, divides into our country To be listed to rally the case commentary and our country To be listed rallies practice subtotal two. In the case, to Zhejiang Hiner, star US unites, the day cheek science and technology, the day to send the petroleum, blue valuable technical, Guangdong Hualong, the dynasty China science and technology, the Changling stock, Hebei separately dark blue, north the Asian industry, Hebei valuable large, the Shandong nine rounds, Shanghai Hua Yuan, Jiaozuo Xin to be peaceful, north Guangxi lives, Dandong chemical fiber, too the science and technology altogether 17 To be listed to rally the document to carry on the commentary newly. And in the case commentary's foundation and the contrast, obtained our country To be listed to rally the practice existence the following characteristic: 1st, to rallies the system to understand varies, the local operation difference is big; 2nd, judge participation on own initiative passes high, the neutrality lost; 3rd, rallies the system about to be listed not yet to establish the independent training system.The fourth chapter the author elaborated our country To be listed rallies in system's subject matter, divides into to be listed to rally with the reorganization discrimination, to be listed rallies the company to govern the question, the government and Securities Supervisory Association and the court, in to be listed rallies the control role as well as to be listed rallies abuses four.Last chapter of author proposed consummates our country To be listed to rally system's opino juris. First in consummates in the legislative suggestion which to be listed rallies, puts forward the following three proposals: 1st, increases in the enterprise bankruptcy law eighth chapter of rallying about To be listed's individual stipulation; 2nd, the prompt releasing judicial interpretation instruction To be listed rallies the practice; 3rd, releases departments and so on Securities Supervisory Association the system adjustment laws and regulations which rallies regarding to be listed. Second, the author proposed that should be clear about the rallying system's independent value, to be listed rallies the system not only should the independence in to be listed assets reorganization, but should also the independence go bankrupt the settlement in to be listed. Third, the author proposed that should downplay the administrative intervention the act of government. In the specific measures may adopt the establishment state-owned holding To be listed to rally the government to comment controls machine-made as well as the effective legal system propaganda and the guidance of public opinion way. Last, the author suggested that guards against abusiveness which in the below aspect to be listed rallies: 1st, rallies the propaganda and education in the law in the company business community popularization To be listed; 2nd, the establishment evil intention abuses rallying the damage compensate system; 3rd, the legislation, the judicature, the lawman unify the thought that sets an example; 4th, consummates rallies supervisor's troop construction.The rallying system three years which executes in our country is also to be listed rallies practice development three years, during these three years the nation several dozens To be listed rally the experience, has successfully also has the defeat. Regardless of has the huge promotion space in the theory construction or in the case experience's accumulation.At present, in this domain main existence rallies to be listed with to be listed property heavy block cannot distinguish clearly, to be listed to rally the company to govern awaits is clear about, the government and Securities Supervisory Association and the court, in to be listed rallies the control role unbalanced as well as rallies to be listed abuses and so on questions, in to be listed rallies in the way still needed to explore and the innovation. The author when the article summarizes finally suggested once more consummates the legislation which to be listed rallies, to be clear about the rallying system's independent value, the desalination government as soon as possible, in to be listed rallies abusiveness which the administrative intervention and the effective guard To be listed rallies, and expected that the more officers of the court and the researchers can pay attention to this domain, advances the rallying system unceasingly, in the solution To be listed goes bankrupt in the prevention question road of development.