An Analysis Of DIP Mode Business Reorganization

Business reorganization is a form of conducting the debts and credits in a modern society where production and commerce are done at a most large scale. There are mainly two modes of managing the property and business matters:administrator -dominated mode and debtor-dominated mode. As a typical mode of the latter, the American DIP business reorganization can find its similar versions or influences in many bankruptcy laws of the main countries. However, Chinese business reorganization regulations are far from perfection and especially its debtor-dominated mode of reorganization may or may have caused problems.This thesis gives a bird view of the business reorganization system including its origin, nature and values. Then, based upon a detailed observation of the regulations in China bankruptcy law, the thesis goes to compare and analyze the concerns and problems that may appear in legal practice. The last part is the conclusion. Apart from the introduction, the body of the thesis is divided into four chapters:the first chapter is about the origin, nature and values of the DIP business reorganization, offering a basis for the descriptions and analysis in the coming parts. The second part summaries and analyses its legal procedures, emphasizing that efficiency and justice shall both prevail in the process of business reorganization. The third chapter focuses on the enforcement of the DIP business reorganization and in this part the rights, duties and responsibilities are conducted in great length, and the influence of the business reorganization on corporate governance is also seriously dealt with. The fourth chapter is about how to supervise the process of DIP business reorganization and the necessities and ways to achieve the intended goals of DIP business reorganization. The thesis arrives at a conclusion that may give some insights to the legislature and enforcement of China bankruptcy law.