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Study On Bankruptcy Reorganization System

Posted on:2010-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhuFull Text:PDF
GTID:2196360302961943Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Bankruptcy liquidation system,bankruptcy reconciliation system and bankruptcy reorganization system now constitute the States of the entire system of bankruptcy law. Bankruptcy reorganization system is based on the former two in the gradual development, but it has vastly different from the former two.So-called reorganization is the legal system which is the application by the interested parties that may or already have the reasons for bankruptcy but hope to save for the debtor, through the interested parties consultation,legal mandatory to adjust their benefits,and the debtor production operating on the rectification and clean-up on claims and liabilities, in order to make the dilemma and restore vitality.From its definition we can see that the reorganization system is not only to restructure the repayment of debts for the purpose, but also to save the bankrupt enterprises active so that it would be renewable.The bankruptcy liquidation system and bankruptcy reconciliation system is relatively simple,whose ultimate aim is the repayment of debts, not to excessively take into account the debtor's life.It is also because the single pursuit of the objectives of both and determine that it will not have too much space for development in the modern economic globalization background. "The economic globalization" foreshadows every national economic transactions between country and country is more and more frequently, the cooperation between enterprises is increasingly and their relations are more closer.Once the enterprises are in the trouble, which would choice bankruptcy liquidation or reconciliation that we are incalculable the chain reaction and the negative effects from. Under such circumstances, as long as the enterprise with a glimmer of hope we will have a positive remedy the situation to try to minimize the impact. Obviously Bankruptcy liquidation system and bankruptcy reconciliation system cannot do this.The bankruptcy reorganization system is designed precisely to save the enterprise measures which conforms to the trend of world economic development and has become an important aspect of development the bankruptcy law.Bankruptcy reorganization system is now an important part of countries bankruptcy prevention system.In modern society, it plays an active role on the social and economic order and good operation of political stability.Based on this, bankruptcy reorganization system as its development will be priority. Naturely,China is no exception who has implemented the "Enterprise Bankruptcy Law" in June 1,2007,which provides the bankruptcy reorganization system, in order to synchronize the legal system with countries around the world and the needs of market economic development.lt is precisely because of the reorganization system in our country has just been re-established, so to know them, it is necessary to introduce relevant legislations of the developed countries.In this article, I think it is necessary to introduce the history and build of every national bankruptcy reorganization system through a chapter so that it helps us a better grasp of the bankruptcy reorganization system.Through the comparison and analysis of all bankruptcy reorganization system, we can deepen our understanding of it, at the same time,and also have certain reference significance for bankruptcy reorganization system.Bankruptcy reorganization system in our country is a newborn which indicates that there are a lot of the problem to solve on its growth path.At the same time, it is also an importm which requires us to adjust and perfect according to the actual situation of China.In this paper, the author raised questions about the three aspects of the Legislative, the actual operation and ancillary relief system in the current systemof bankruptcy reorganization,described their demonstration on how to resolve these problems one by one and also made recommendations.Looking forward to the reorganization of China's bankruptcy system to further improve in order to exert its due role in society now, and promote the process of democracy and rule of law building in our country.
Keywords/Search Tags:Bankruptcy reorganization system, Reason of reorganization, Project of reorganization, Secured creditor
PDF Full Text Request
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