Research On The Restriction And Protection Of Security Interest In The Bankruptcy Process Of Reorganization

Security interest has been an important system of civil law since the Roman and playing an important role in ensuring creditor in commodity trading.In the bankruptcy process of reorganization,security interest is different from the one on the general civil law sense and should be restricted in order to insure the process of reorganization carried out smoothly.This fully reflects the bankruptcy process of reorganization system value social benefits in the first place.On the other hand security interest should be protected.The purpose of the bankruptcy process of reorganization is to push the debtor to revive and pursue public interests.So there is a conflict between the objectives of reorganization and security interest,which is the theoretical basis of this paper.The first chapter is a brief introduction of the concept of the bankruptcy process of reorganization. The author especially defines the congcept of security interest in the following two aspects:the origin of the concept and the development of the concept.And The purpose of the bankruptcy process of reorganization is to push the debtor to revive and pursue public interests.The second chapter is a brief introduction of the concept of security interest. Security interest plays an important role in ensuring creditor in commodity trading.Security interest in the bankruptcy process of reorganization is different from the one on the general civil law sense and should be restricted in order to insure the process of reorganization carried out smoothly.The author also introduces the classification of security interest.The third chapter is the theoretical basis of this paper.On the basis of the above two,there is a conflict between the objectives of the bankruptcy process of reorganization and security interest.The author also argues that such two objectives can harmonize so as to ensure the equilibrium of many interests and to realize the social justice.The fourth chapter analyzes the roles of security interest under the process of reorganization across the world. On France law,security interest has been super restricted;on German law, security interest has been super protected;on United States law, security interest has been in the combination of protection and restrition.Despite the differences among the three models,their common points are sound remedy measures accompanied with restritions on security interest during the process of reorganization.The last chapter analyzes the improvement of 2006 PRC Bankruptcy Law on the protection of security interest.Meanwhile,the author also points out the shortcomings of the current legal status of security interest when compared with other legislations across the world. And after that,the author brings up some suggestion.Meanwhile,the author hopes and believes that the reorganization system will surely grow and develop in our country.