| Reorganization, as a mechanism to rescue the debtor so proactively as to rejuvenate the bankrupt enterprise, is recognized as one of the three big foundation stones of the modem bankruptcy mechanism operation covering the process of liquidation and settlement. It has been a main trend of reformation and development of modem bankruptcy legislation to establish the reorganization mechanism. In China, since the promulgation of the P.R.C. Enterprise Bankruptcy Code in 1986, the reformation of bankruptcy has experienced for nearly 20 years. The P.RC. Enterprise Bankruptcy Code (draft) proposed to Tenth Sessions of Standing Committee of the Nation People's Congress 12th conference second consideration on October 24th, 2004, has clearly brought reorganization mechanism into line.The dissertation focus on reorganization plan, which is the key issue of reorganization mechanism, and takes methods of comparative analysis, value analysis, economic analysis, positivism analysis, to investigate legislation in Germany, American, France, England, Japan, Taiwan China, etc. The author elaborates rules about reorganization mechanism of the P.R.C. Enterprise Bankruptcy Code (draft). The dissertation starting with an introduction and ending in an epilogue consists of six parts.The first part defines the connotation of reorganization plan and puts forward a specific explanation about its important role in the procedure or mechanism of reorganization. By restricting "reorganization" which has different meaning in different domain, the author explicitly points out that the reorganization plan is the process or mechanism of bankruptcy.The second part discusses the finalization of the reorganization plan which is the most essential part of reorganization procedure. Finalizing reorganization plan, not only must be in compliance with certain principle, but also must choose the draftsman most helpful to achieve the efficiency and goal of the reorganization procedure.The third part elaborates the content of reorganization plan. The content should be specific and mainly include the classification of creditor's rights, change... |
