The Study On The Law System Of The Reorganization

In this thesis,the focus is a new concept in the Law of the People's Republic of China on Enterprise Bankruptcy—Reorganization System. the system was incorporated in the Chinese law just a few years ago,so there are not many academic researches on the System of Reorganization. In this thesis, by research and analysis the articles in the Law of the People's Republic of China on Enterprise Bankruptcy,reference to the provisions and judicial practice in U.S..Britain. France. Japan. South Korea.Taiwan province and other countries and regions.,to discusse the reorganization system in China.In the first section.First,discuss the concept.features and functions on Reorganization System will be presented.the law in China does not have the direct concept of Reorganization, but there has been academic debate on the concept of Reorganization System, the main focus on the debate is the purpose of the system is single or multiple. Second,compare reorganization with Bankruptcy Liquidation and Compromise, analyze and summarize the characteristics of Reorganization. Third,discuss the functional transformation of Reorganization System-- resolve the debts among enterprises.help the enterprise out of difficulty and evolution of rescue-oriented mechanisms and protect the public interest.In the second section. discuss the content of Reorganization System deeply,including the apply of Reorganization, the core of Reorganization System—the formulation of the bankruptcy Reorganization organs, the vote and pass of Reorganization organs and the Court's right of approval. The start of the Reorganization includes the application, the causes of Reorganization and the capabilities of Reorganization. The discussion of the Reorganization organs, including the formulation of the organs, the content and the filing deadline of Reorganization organs. The important step to protect Reorganization System is the vote and pass of Reorganization organs.The form and the mode of The creditors' Meeting is discussed in this section.Last,discuss the Court's compulsive right of approval.The major abuse of Reorganization system in China is discussed in the third section, including the standard of filing reorganization is unclearly;the main body of Reorganization System is too large;the shareholders don't have the right to vote the reorganization organs and it is not useful limition of the court's right to approve.The fourth section is the author's recommendations of Reorganization System. Including "have the possible to save " is the essential elements of reorganization and restructuring;limit the main body have right to apply reorganization, a certain amount of assets under the provisions of the limited liability company can not be applied Reorganization; Creditors also have the right to propose reorganization of the debtor's bankruptcy application when the application for bankruptcy liquidation is accepted by the court;the debtor or the administrator fails to draft or re-reorganization plan proposed by the Reorganization organs is not approved by the case, should not be declaring the enterprise bankrupt, should treat the enterprises different results according to the actual situation of the enterprise.