Bankruptcy Reorganization In The Early Theory

Reorganization system as the important component of one degree of systems of modern bankrupt legal system bankrupt, it is one that is it is it fall into unable to discharge debtor of state and impel to go bankrupt system of preventing from rejuvenation their to save to use for. The legislative purpose to reorganization system is to " promote debtor's rejuvenation ", through promoting the debtor's rejuvenation, bankrupt to reorganization system expanding bankrupt function of system, and maintaining for bankruptcy law legislative purpose social legislative realization of idea of interests offer system support. Reorganization system put on important status, not merely with a view to include each side interests of party among enterprise rescue of enterprise, and focus on the position and impact on social life of rise and fall in social economic life of enterprise, emphasize the intervention to private right of the country. Modern economy regards whole, socialize, scale as the characteristic, and enterprises have trend of maximization. Large-scale enterprises, especially large-scale Limited Company, the pillar of one country's economic system, playing a very important role in the social economic life. Just because of this, its fail to go bankrupt in the fierce market competition, influence huger. Close connection and interdepending with every economic unit, will influence and enlarge rapidly easily, form the so-called dominoes effect, even cause the serious destruction of the civil order. And liquidate the procedures and conciliate the procedures to all only consider the bankrupt incident impact on debtor and creditor, turn a blind eye to or have no time to take other kinds people into account. So, we are hard to tell this is a kind of design which accord with the social fair principle. But reorganization system and put enterprise's rejuvenation in the center position, expand the range paid close attention to to the position in social life of enterprise, and the impact on social life of rise and fall, regard social interests as primary value orientation, pursue more high-level justice.The author is here originally in the article, the general legal theory ofreorganization system sets out to try on from going bankrupt, to bankrupt to reform legal theory, system of itself analysing, is it go bankrupt system of reforming in necessity that our country set up to expound the fact further, and to reorganization system to give and explain from two respects of entity's system and procedure system carefully bankrupt on the basis of this. In the first part of this text, in the bankrupt theory of reforming the system is introduced, I draw the question from the bankrupt introduction of reforming the system concept, and do one brief illustration to the development biref history of the system, through to bankrupt to reform system, clearing house system and comparative research and bankrupt to reform system and our country is it rectify comparative research of system to go bankrupting extant, conciliation of system, expound in our country is it is it reform urgency and necessity of system to go bankrupt to set upping especially. The second part of this text, is to launching on the bankrupt foundation of analysing of theory of reforming the system in the first part. Different from studying the bankrupt academic article that reformed the problem in the past, I try examining this system closely from a brand-new visual angle again. The past researcher is from the general characteristic of studying the bankrupt system basically, namely the characteristic that the system of the procedure and entity's system merge sets out, study for the thread with the procedure, study the bankrupt system in an all-round way, but does not distinguish the entity and procedure, this way is no doubt introduced detail, the advantage with intact system, but apt to cause research object primary and secondary not clear, the way is single, especially apt to ignore the study on key theory in the system, it is influenced thus build the literary composition of relevant sy...